Broadley v. Mashpee Neck Marina, Inc.

Facts

Plaintiff docked his boat at the Defendant’s marina. He was permanently injured when his foot was caught in a gap between the main dock and a floating dock. Plaintiff brought suit, alleging negligence, despite a clause in the seasonal mooring contract that precluded boat owners from making any claims against Defendant “arising out of any damage, loss, personal injury or death” the owners suffered. Defendant argued that the contract clause barred Plaintiff’s suit. Plaintiff claimed that because admiralty law governed the contract, that law only allowed parties to limit liability for ordinary negligence, but not to eliminate it entirely. He also argued that the clause was overbroad and unenforceable because it would preclude a finding of liability even for gross negligence, although he conceded that his injuries were not caused by Defendant’s gross negligence. The trial court reformed the exculpatory clause to limit it to ordinary negligence. As a bar to claims of ordinary negligence, the clause then operated to preclude Plaintiff’s claim and the court granted summary judgment in favor of Defendant. Plaintiff appealed.