Booze And Boating Don’t Mix (But They Do Lead To An Interesting Discussion Of Negligent Entrustment)

by: Peter J. Gallagher (@pjsgallagher) (LinkedIn)

Boat and beer (pd)Some sets of facts just seem tailor-made for a potential lawsuit. Climbing up a ladder with a chainsaw to cut your neighbor’s tree limbs that are hanging over your lawn comes to mind.  Also on that list, a day out on a boat with your friends from the local bar, more than a few beers, and a jet-ski. Those were the basic facts in Votor-Jones v. Kelly. In that case, what started out as a fun day out at sea for a group of friends became a very bad day for plaintiff and an opportunity for the court to opine on the rarely-invoked tort of negligent entrustment.

In Kelly, plaintiff was “one of seven employees and patrons of Kelly’s Tavern invited on a social trip organized by the tavern’s owner and plaintiff’s boyfriend.” While plaintiff described the event as a “bar outing,” it was not the more formal, “large scale ” “customer appreciation days” that the bar had organized in the past. Instead, it was “small and planned the night prior at the suggestion of the boat’s operator.” Each attendee was required to bring their own food and alcohol. To that end, plaintiff and her boyfriend testified that, on the morning of the cruise, they went to the bar and fulled their cooler with approximately 24 beers and a bottle of wine. The group had a total of four or five coolers like this on the boat.

The attendees had a “tacit agreement” that they would not drink until 4pm, but some apparently ignored this agreement. One defendant acknowledged that she was drinking prior to boarding the boat and plaintiff testified that she saw this woman have “at least three beers on the dock” before the cruise began. Once the cruise started, this same woman was seen with a beer in her hand and was described by plaintiff as being “loud,” “boisterous,” and “excited.” Plaintiff conceded that she did not know if the woman was drunk, but did see her “wobbling on the boat, as was everyone else.”

Continue reading “Booze And Boating Don’t Mix (But They Do Lead To An Interesting Discussion Of Negligent Entrustment)”

This Never Would Have Happened On The Nina, Pinta, Or Santa Maria.

by:  Peter J. Gallagher (@pjsgallagher) (LinkedIn)

Columbus boats (pd)

If the name of your company is Christopher Columbus, LLC then it is probably reasonable for you to expect that you will be subject to the maritime jurisdiction of the federal courts. Nonetheless, this was the issue presented in a recent Third Circuit decision, In The Matter Of The Complaint Of Christopher Columbus, LLC (t/a Ben Franklin Yacht), As Owner Of The Vessel Ben Franklin Yacht, For Exoneration From Or Limitation Of Liability.

The case involved a "drunken brawl which erupted among passengers who were enjoying a cruise on the Delaware River onboard the vessel Ben Franklin Yacht." Specifically, plaintiffs alleged that they were assaulted by other passengers on the vessel while the boat was docking, and at least one alleged that the assault continued in the parking lot near the dock. They alleged that the boats crew members caused their injuries by "providing inadequate security and overserving alcohol to passengers." Plaintiffs sued in state court, and Defendant responded by filing a "limitation action" in federal court. (A "limitation action" is a unique wrinkle in maritime law that allows the "owner of a vessel" to limit its liability to "an amount equal to the value of the owner's interest in the vessel and pending freight.") Both sides then moved for summary judgment. But, while these motions were pending, the district court, sua sponte, invited briefing on whether the court had jurisdiction. After briefing and oral argument, the district court found that maritime jurisdiction was lacking and, therefore, dismissed defendant's limitation action.

Defendant appealed. This is where, I think, it gets interesting, at least for someone who does not generally practice maritime law. (Although I did write about a different case not too long ago, which is actually cited in the Christopher Columbus case, so maybe I am developing a niche.) 

Continue reading “This Never Would Have Happened On The Nina, Pinta, Or Santa Maria.”