United States First Circuit

Summary judgment in favor of defendant in a personal injury suit arising out of a broken ankle suffered on a dock is reversed where an exculpatory clause in the docking contract between the parties was vastly overbroad and against public policy insofar as it purported to absolve defendant of liability for gross negligence, recklessness and intentional wrongdoing, and the manifest illegality of the clause prevented the court from narrowing its terms.

Appellate Information

• Decided 12/22/2006
• Published 12/22/2006

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, TORRUELLA and DYK, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Thomas M. Bond with whom Matthew H. Snell and The Kaplan/Bond Group were on brief for appellant.


• For Appellees:
  
• John H. Bruno, II with whom Masi & Bruno was on brief for appellee.