Broadley v. Mashpee Neck Marina, Inc.

471 F.3d 272 (2006)

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Nature of the Case

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Facts

Broadley (P) was injured when his foot became caught in a gap between the main dock and a floating dock where his vessel was moored. P sued Mashpee (D) alleging negligence. D denied liability, citing its boilerplate exculpatory clause of the contract for seasonal mooring between the parties. P responded that under admiralty law, a party may limit but may not completely absolve itself from liability for ordinary negligence; and that the clause was over-broad and therefore unenforceable insofar as it absolved Marina of liability for gross negligence and intentional wrongdoing. The district court issued summary judgment for D, holding that the clause should be reformed to limit it to ordinary negligence. P appealed.