Florida Judgment in Favor of NMMA

The Daily Business Review reports that Florida's Third District Court of Appeals in a ruling dated December 19th affirmed a summary final judgment in favor of the National Marine Manufacturers Association.

The recreational boat industry trade group, a participant in the 2008 Miami International Boat Show, parked several tractor trailers on a lot owned by the city of Miami Beach under a temporary license and use agreement signed with the city's housing authority. On February 7, 2008, David Collins entered the lot, climbed under a parked trailer and fell asleep. A truck driver for the association, who didn't know anyone was under the trailer, hitched it to his truck and pulled out, running over and fatally injuring Collins.

Collins' mother, Constance Ryan, sued the trade group and the truck driver, alleging he was negligent in failing to "check around and under the tractor-trailer so as to avoid striking a pedestrian in the vicinity." However, a toxicology report determined Collins' blood alcohol level was 0.21, nearly three times the legal limit for drivers. That finding triggered a winning defense.

Under Florida law, anyone "owning or controlling an interest in real property" cannot be held liable for injuries to a trespasser who was legally under the influence of alcohol. The question was: Did the association have an owning or controlling interest? Ryan contended it did not because the agreement with the city was nominally a license. The association asserted it did because the intent of the agreement made it effectively a lease.

"Our argument was that although it was labeled a license, the essence of the document and what they [the housing authority] purported to do was to grant a short-term lease to National Marine," said Rafael De la Grana, who worked on the appellate brief with James K. Clark of Clark, Robb, Mason, Coulombe & Buschman in Miami. "It therefore was entitled to avail itself of the immunity given by the statute."

Miami-Dade Circuit Judge David C. Miller agreed and ruled for National Marine. On appeal, Emas, who wrote the opinion, Salter and Senior Judge Alan Schwartz affirmed. In a special concurrence, Schwartz wrote: "On the ground that as a matter of law, no one is liable for the accident but the decedent, I join in affirmance."

If you are unable to access the opinion here or wish to reach me for any reason, you may do so by writing to me at mov@chaloslaw.com.

Comments

Maritime Law--Florida's Arbitration Code Is Now Revised

Those of us that practice maritime law regularly must always be on the lookout for the contract that may contain an arbitration clause. Thus, any laws related to arbitration are important to those of us practicing in this sector. The Florida legislature has revised the Florida Arbitration Code ("FAC") and named it the Revised Florida Arbitration Code (the " Revised Act"). Since 1967, the FAC had gone mostly unchanged. The Revised Act addresses concepts that were not addressed in the old law, such as the ability of arbitrators to issue provision remedies, challenges based on notice, consolidation of separate arbitration proceedings, required conflict disclosures by arbitrators, among other major changes. The Revised Act lays out a detailed framework for international arbitration conducted under Florida law and repeals sections of the FAC. The Revised Act spells out what experienced arbitrators knew the case law to be, but codifies it all in one pl

Maritime Law--U.S. Crewmember Required to Arbitrate Claims Applying Norwegian Law

In Alberts v. Royal Caribbean Cruises, Ltd ., No. 15-14775 (11th Cir. Aug. 23, 2016), the U.S. Court of Appeals for the Eleventh Circuit held that a U.S. citizen, working aboard a Royal Caribbean cruise ship is required to arbitrate his claims against Royal Caribbean. Plaintiff, a United States citizen, worked as the lead trumpeter on a passenger Royal Caribbean cruise ship. The ship is a Bahamian flagged vessel with a home port in Fort Lauderdale, Florida. Royal Caribbean, the operator of the vessel, is a Liberian corporation with its principal place of business in Florida. After plaintiff became ill while working for Royal Caribbean, he filed suit alleging unseaworthiness, negligence, negligence under the Jones Act, maintenance and cure, and seaman’s wages and penalties. Royal Caribbean moved to compel arbitration, and the district court granted the motion. This appeal presented an issue of first impression: Whether a seaman’s work in international waters on a cruise ship

Maritime Law--Jury Hits Royal Caribbean Cruises With $20.3M Verdict for Officer's Hand Injury

In Spearman v. Royal Caribbean Cruises , Case No. 2011-023730-CA-01, a Miami-Dade County, Florida jury has awarded $20.3 million to a former crewmember of Royal Caribbean Cruises, whose hand was crushed while coming to the aid of a fellow worker during an emergency test in 2008. After a three-week trial, the jury found the Miami-based cruise company negligent in operating an unseaworthy ship and 100 percent liable for the injuries suffered by Lisa Spearman, who was working an officer on Royal Caribbean’s Voyager of the Seas . Spearman sued the company in 2011, three years after her right hand was caught in a watertight power door during a fire-safety drill. According to her lawyers, Spearman was trying to prevent the door from closing on the ship’s nurse when her hand was pulled into a recess pocket of the sliding door and crushed. The nurse allegedly breached the company’s safety protocol when she stumbled through the door, prompting the response from Spearman. Accordin

Miami Shipping Law

Search This Blog