McAlpin Florez Marcotte, P.A. is proud to announce that it recently obtained summary judgment on behalf of its recreational vessel owner clients in a Limitation of Liability Action where a claimant asserted a negligence claim arising from a propeller laceration he sustained during his bareboat charter on our clients’ vessel.
Judge Donald Middlebrooks, of the United States District Court for the Southern District of Florida, agreed with McAlpin Florez Marcotte’s arguments and ruled that the petitioner vessel owners were entitled to summary judgment because the parties entered into a Bareboat Charter Agreement when the claimant booked the charter through the Boatsetter.com. McAlpin Florez Marcotte successfully enforced the terms of a Bareboat Charter Agreement that the claimant electronically signed when he completed the checkout process to charter our client’s vessel on Boatsetter.
Ultimately, the Court agreed with the defense that the vessel owners relinquished full control of the vessel for the charter period and that the claimant was responsible for hiring the charter captain. As a result, the Court ruled that McAlpin Florez Marcotte’s clients were not liable for claimant’s injuries and awarded the defense summary judgment in full after only nine (9) months of litigation.
In all cases, McAlpin Florez Marcotte takes a detailed and proactive approach in defending a wide variety of maritime cases. Please reach out to us if you need assistance with your legal matter.