JOSEPH CALABRO, APPELLANT,
v.
OUTBOARD MARINE CORPORATION, APPELLEE
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The court held that the defense of assumption of risk does not bar the plaintiff's claim under general maritime law, which instead allocates damages based on comparative negligence.
The plaintiff was injured when thrown from his mini-boat and struck by another boat's propeller during a race. He sued the engine manufacturer for fai…
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BASKIN, Judge.
Joseph Calabro appeals a summary final judgment in his strict product liability and negligence actions filed against Outboard Marine Corporation [OMC]. We reverse.
While participating in an amateur mini-boat race, appellant was thrown from his mini-boat; he was struck and injured by the OMC engine propeller of another boat. Appellant sought to recover damages from OMC for its failure to install propeller guards on the engine. Relying on the doctrine of assumption of risk, OMC filed a motion for summary judgment. The trial court granted the motion.
The trial court erred in finding that the defense of assumption of risk barred appellant’s claim. General maritime law dictates the resolution of this issue. See Lipworth v. Kawasaki Motors Corp., 592 So. 2d 1151 (Fla. 4th DCA 1992); Rubin v. Brutus Corp., 487 So. 2d 360 (Fla. 1st DCA), review denied, 500 So. 2d 543 (Fla.1986). Assumption of risk does not bar appellant’s claim because maritime law allocates damages in accordance with the parties’ comparative negligence. See United States v. Reliable Transfer Co., 421 U.S. 397, 95 S.Ct. 1708, 44 L.Ed.2d 251 (1975); De Sole v. United States, 947 F. 2d 1169 (4th Cir.1991). We therefore reverse the summary final judgment and remand for further proceedings.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- United States v. Reliable Transfer Co., Inc., 421 U.S. 397 (U.S. 1975)
- Rubin v. Brutus Corp. & Galaxy Boat Mfg. Co., Inc., 487 So. 2d 360 (Fla. 1st DCA 1986)
- Lipworth v. Kawasaki Motors Corp. U.S.A., 592 So. 2d 1151 (Fla. 4th DCA 1992)
- Domenico De Sole v. United States, 947 F.2d 1169 (4th Cir. 1991)