HM&B Secures Summary Judgment in favor of Key West Ferry Operator in Snorkeling Wrongful Death Case

Lisa Lewis drowned while snorkeling “at your own risk” in waters around Fort Jefferson at the Dry Tortugas National Park. Her Estate sued the Yankee Freedom ferry, a government contractor which transports park visitors between Key West and the Dry Tortugas on a daily basis, alleging it failed to adequately warn about conditions and instruct regarding snorkeling while in Park designated waters. Yankee Freedom moved for summary judgment based on a release of liability and assumption of risk form signed by both Lewises.The Estate argued that the release was void under NPS and federal regulation. The Court agreed with Yankee Freedom on all arguments and enforced the liability waiver.  First, the Court agreed that the Florida choice of law clause in the release was enforceable.  Second, third parties do not have legal rights under the internal policies of the NPS (nor would a violation of NPS guidelines nullify the waiver).  Third, and noted by the Court as an issue of first impression, 46 US § 30509 by its plain wording does not apply to Yankee Freedom because the Dry Tortugas National Park is not a “port,” therefore the statute does not prohibit the waivers. The Motion was written by HM&B partner Krista Fowler Acuña and Elisha Sullivan, and argued by Krista Fowler Acuña.