Delponte v. Coral World Virgin Islands, Inc.
Delponte v. Coral World Virgin Islands, Inc.
Opinion of the Court
Memorandum Opinion
(August 14, 2006)
Before the Court is the motion of the defendant, Coral World Virgin Islands, Inc. (“Coral World”), for summary judgment against the plaintiff, Joseph Delponte (“Delponte”). Oral argument was held on this matter on March 24, 2006. Following argument, the Court granted Coral World’s motion for summary judgment. This reduces the order to writing.
I. FACTUAL AND PROCEDURAL BACKGROUND
Coral World operates a marine theme park in St. Thomas, Virgin Islands. One of the attractions at Coral World is the Sea Trek. Sea Trek participants wear a helmet with an attached breathing tube, descend a ladder to the ocean floor, and walk underwater to examine the fish and coral in their natural habitat.
In April, 2002, Delponte purchased admission to Sea Trek while onboard a cruise ship. Upon arriving at Coral World, Delponte attended a training and instructional session. This session explained the precautions to be followed while participating in Sea Trek including instructions on descending the ladder to the sea floor. Delponte was thereafter presented with a document entitled “Coral World/Sea Trek Liability Release and Express Assumption of Risk” (“Waiver”).
Delponte completed the Waiver by printing his name, cruise ship information and the date, as well as circling information regarding his
While descending the ladder to the sea floor, Delponte slipped on a rung and broke his femur. Delponte subsequently filed a complaint against Coral World alleging negligent control, maintenance, and inspection of the ladder as well as a failure to warn of a known danger. Coral World’s motion for summary judgment followed.
Delponte’s execution of the Waiver and his subsequent injury are not in dispute. The parties, however, dispute the meaning of the language contained in the Waiver. Coral World contends that the Waiver is a release of liability which bars recovery.
II. DISCUSSION
A. Summary Judgment Standard
Summary judgment shall be granted only if “the pleadings, depositions, answer to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” FED. R. ClV. P. 56(c). A fact is material if its existence or nonexistence might affect the outcome of the suit under applicable law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986).
The moving party has the initial burden of informing the Court of the basis for a motion for summary judgment and pointing out those parts of the record which he or she believes demonstrates an absence of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S. Ct. 2548, 91 L. Ed. 2d 265 (1986). If the moving party carries its burden, the nonmoving party “may not rest upon the mere allegations or denials of his or her pleadings, but his or her response must set forth specific facts showing that there is a genuine issue for trial.” Connors v. Fawn Mining Corp., 30 F.3d 483, 489 (3d Cir. 1994) (citations omitted). All reasonable inferences are drawn in favor of the nonmovant. Anderson, 477 U.S. at 255.
B. Intent of the Contracting Parties
In evaluating a contract, such as a waiver, the Court must first look to the intent of the parties as “objectively manifested by them and make a
This Court has spoken to the method of determining the intent of the contracting parties:
[T]he Third Circuit applies the ‘plain meaning rule’ of interpretation of contracts, which assumes that the intent of the parties to an instrument is ‘embodied in the writing itself, and when the words are clear and unambiguous the intent is to be discovered only from the express language of the agreement.’
Sunshine Shopping Ctr., 85 F. Supp. at 540 (quoting Hullet, 38 F.3d at 111); see also In re Unisys Corp. Long-Term Disability Plan ERISA Litig, 97 F.3d 710, 715 (3d Cir. 1996) (“The strongest external sign of agreement between contracting parties is the words they use in their written contract.” (quoting Mellon Bank, N.A. v. Aetna Bus. Credit, Inc., 619 F.2d 1001, 1009 (3d Cir. 1980))). Moreover, the contract must be “interpreted as a whole, and all writings that are part of the same transaction are interpreted together.” See RESTATEMENT (SECOND) OF Contracts, § 202(2).
III. ANALYSIS
Paragraph eight of the Waiver — the only portion of the Waiver in bold and in capital letters — expressly releases Coral World from claims for “personal injury, products liability, property damage or wrongful death due to negligence.”
Paragraph two broadens Coral World’s insulation from liability for negligence when it asks the signor to accept “the full responsibility for any and all such damage, injury or death which may result.”
Finally, paragraph five of the waiver succinctly explains the consequence of signing the Waiver to the signor:
(The signor) personally assumes all risks in connection with this experience, for any harm, injury, or damage that may befall me while I am a participant in this Sea Trek activity, including all risks connected therewith, whether foreseen or unforseen.
Despite this clear language, Delponte contends that the Waiver is ambiguous and. susceptible to different interpretations. As support* Delponte notes that a sentence in paragraph two of the Waiver only references damage caused by breach of warranty or breach of contract.
The Court does not find any internal inconsistency in having a document speak to a waiver of contract claims and also to a waiver of
Delponte next contends that because the Waiver expressly releases Coral World from liability arising from the Sea Trek helmet, it does not shield Coral World from injuries suffered while on the ladder.
It is uncontested that the Waiver indemnifies Coral World against injuries related to breathing compressed air and operating the equipment provided, as part of the Sea Trek tour.
However, the eighth paragraph of the Waiver states that by signing the document, Delponte waived his right to assert any claim “for personal
Delponte next urges that the script of the Sea Trek orientation did not inform Coral World employees of how to explain the Waiver to a participant, thus creating confusion.
III. CONCLUSION
Because there are no material facts in dispute and Coral World is entitled to judgment as a matter of law, the Court will grant Coral World’s motion for summary judgment.
An appropriate order follows.
In the absence of local law to the contrary, the restatements of law apply in the Virgin Islands. 1 V.I.C. § 4.
Paragraph eight states:
I ACKNOWLEDGE THAT I HAVE READ THE FOREGOING PARAGRAPH, FULLY UNDERSTAND THE POTENTIAL DANGER INCIDENTAL TO ENGAGING IN SEA TREK, AND THAT I UNDERSTAND AND AGREE THAT BY SIGNING THIS INSTRUMENT I AM GIVING UP MY RIGHT TO COLLECT MONETARY DAMAGES FROM THE RELEASED PARTIES*390 FOR PERSONAL INJURY, PRODUCTS LIABILITY, PROPERTY DAMAGE OR WRONGFUL DEATH DUE TO NEGLIGENCE.
The Waiver ¶ 8.
Paragraph two states in relevant part:
“To the fullest extend allowed by law, I hereby forever release and indemnify from any legal liability ... resulting from the supervision, training, selection, installation, maintenance, adjustment, or use of this equipment....”
The Waiver ¶ 2.
The second paragraph of the contract states that the signor releases
... from any and all liability for damage, injury or death to me or my family, heirs or assigns, or to any other person or property resulting from the supervision, training, selection, installation, maintenance, adjustment, rental or use of this equipment and for any claim based upon breach of warranty, contract, Or Other legal theory accepting myself the full responsibility for any and all such damage, injury or death which may result.
The Waiver ¶ 2.
The last sentence of the third paragraph states ih capital letters:
IT IS MY INTENTION, TO EXEMPT AND RELIEVE THE RELEASED PARTIES FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY BREACl-I OF WARRANTY OR CONTRACT.
The Waiver ¶ 3.
Delponte concedes that the language of the negligence, contract, and breach of warranty clauses are unambiguous. Hr’g Tr. 15.
This principle is in accordance with the general rule that “a provision purporting to indemnify a party for its own negligence must clearly and unambiguously express such an intention.” Beloit Power Sys., Inc., v. Hess Oil V.I. Corp., 757 F.2d 1431, 1433 (3d Cir. 1985).
For example, a contract that separately provides an unambiguous release for “all wrongful death claims,” “negligence claims,” and “breach of warranty claims” will release the drafter from negligence claims and breach of warranty claims and all wrongful death claims. See Restatement (Second) of Contracts, § 202(2) (contract must be interpreted as a whole).
The first paragraph of the Waiver states:
“[Name of participant] hereby affirm that I have been advised and informed of the inherent hazards of participating in the Sea Trek activity. I understand that Sea Trek involves breathing compressed air, that involves certain risks; including but are not limited to, air embolism, other hyperbaric injuries or drowning.”
Ex. B 1.
Delponte also obliquely references “the Sea Trek Orientation script provided by the licensor of the apparatus and given to Coral World,” Opposition 7, and provides the script as an exhibit in his moving papers. The Court fails to understand the relevance of this document or how it sheds light on the intent of the parties as manifested in the Waiver.
Reference
- Full Case Name
- JOSEPH DELPONTE v. CORAL WORLD VIRGIN ISLANDS, INC.
- Cited By
- 2 cases
- Status
- Published