Gary Parker v. Bryan Darby, USDC, Middle District of Florida, Tampa Division, Case No.: 8:15-cv-401-T-23EAJ and Gary Parker v. Bryan Darby, Hillsborough Circuit Court Cases: 2013-CA-011623 & 2015-CA-00913
Gary Parker sued his former friend, Brian Darby, in Hillsborough County, Florida circuit court for traumatic brain injuries he purportedly sustained while aboard Darby’s recreational vessel. Parker claimed he slipped and fell on the vessel, suspended in a boat lift, while he was cleaning and maintaining the interior of the cabin. A little over two weeks before trial, Parker voluntarily dismissed his case without prejudice, when the Court refused to grant his motion to continue trial.
Parker refiled suit in state court, alleging the same claims as raised in his original complaint. In response, HM&B Partner, Jules Massee and Associate, Whittni Hodges, moved to dismiss Parker’s complaint as it was filed outside the general maritime law’s three-year statute of limitations for personal injury claims. They then removed the case to the Middle District of Florida pursuant to 28 U.S.C § 1332 because Darby had permanently moved to New York.
The Middle District of Florida granted Darby’s Motion to Dismiss with Prejudice, finding the case fell within the jurisdiction of the general maritime law because it satisfied the two-part test for maritime jurisdiction. The Court agreed with Darby that a boat raised above navigable waters is on navigable waters for purposes of the “locality” test. The Court also held an onboard injury which occurs during the maintenance of a vessel can potentially disrupt maritime commerce, and both Darby’s storage of his boat in a boat liftand the maintenance of his boat are were “substantially related to traditional maritime activity,” satisfying the “nexus” test. Thus, the general maritime law’s three-year statute of limitations forever barred Parker’s claims.
After the Middle District dismissed Parker’s suit with prejudice, the Hillsborough County Circuit Court heard Darby’s Motion to Tax Costs in the original case and awarded Darby $32,051.83 for reasonable costs incurred in defending the original case prior to Parker’s voluntary dismissal.