336 F. Supp. 3d 6
United States District Court2018Background
- Dr. George Holland died on January 1, 2013 while snorkeling between Palomino and Palominito islands after renting gear from La Casa del Mar, a concessionaire to El Conquistador Resort.\
- Dr. Holland signed La Casa del Mar’s Snorkeling Liability and Release Policy before snorkeling; flotation belts were available for rent but he did not rent one.\
- Witnesses (including a trained lifeguard, Lisa Jassin) rendered immediate aid at sea; hotel staff brought an AED to shore within ~10 minutes and additional CPR was performed by physicians, but Dr. Holland was pronounced dead.\
- Autopsy concluded cause of death was asphyxia by drowning with contributing arteriosclerotic coronary disease; decedent had untreated hypertension, cardiomegaly, fatty liver, obesity.\
- El Conquistador moved for summary judgment arguing no duty breach or causation and that the release barred liability; plaintiffs argued the resort failed to provide basic safety (lifeguard program, flotation devices, warnings).\
- The Court found (1) ocean conditions at site were not unusually hazardous, (2) flotation belts were available and optional, (3) immediate assistance at sea came from a trained guest, and (4) the signed release was valid and precluded liability; summary judgment granted for defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether El Conquistador breached a duty of care under Art. 1802 by failing to provide lifeguards/safety measures at Palomino | Resort failed to provide basic safeguards (lifeguard program, active supervision, warnings) that would protect guests | No breach: conditions were not unusually hazardous; concessions (La Casa del Mar) provided optional flotation devices; trained guest rendered first aid; resort’s personnel responded | No breach found; plaintiffs failed to show a foreseeable risk that defendant should have prevented; summary judgment for defendant |
| Whether plaintiff proved causation (defendant’s omission proximately caused death) | Failure to provide lifeguard/safety measures caused or contributed to death | Decedent likely suffered acute medical event exacerbated by preexisting conditions; aid rendered quickly by witnesses; hotel response did not causally affect outcome | Causation not established as a matter of law; summary judgment granted |
| Validity and effect of the signed Snorkeling Liability and Release Policy | Release is unenforceable or does not cover negligence by resort | Release is clear, unambiguous, informed; decedent expressly certified fitness to snorkel despite untreated conditions; release covers snorkeling injuries | Release found valid and effective to bar claim arising from snorkeling activity; supports summary judgment |
| Applicability of assumption of risk/comparative fault | Resort’s negligence predominates; assumption of risk/waiver insufficient | Decedent voluntarily undertook risky activity, failed to rent flotation device, and certified fitness—constitutes assumption of risk and bars/limits recovery | Court treated decedent’s actions and waiver as dispositive; plaintiffs’ negligence/assumption of risk precluded recovery |
Key Cases Cited
- Johnson v. Univ. of P.R., 714 F.3d 48 (1st Cir.) (summary judgment genuine-dispute standard)\
- Prescott v. Higgins, 538 F.3d 32 (1st Cir.) (summary judgment standard; genuine dispute)\
- Thompson v. Coca-Cola Co., 522 F.3d 168 (1st Cir.) (summary judgment/genuine issue guidance)\
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (Supreme Court) (standard for summary judgment and "genuine issue" concept)\
- Calero-Cerezo v. U.S. Dep't of Justice, 355 F.3d 6 (1st Cir.) (summary judgment review)\
- Coyne v. Taber Partners I, 53 F.3d 454 (1st Cir.) (elements of negligence under Puerto Rico law)\
- Woods-Leber v. Hyatt Hotels of P.R., 124 F.3d 47 (1st Cir.) (hotel duty principles under Puerto Rico law)\
- Celotex Corp. v. Catrett, 477 U.S. 317 (Supreme Court) (summary judgment burden-shifting)\
- Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (Supreme Court) (credibility/weighing evidence at summary judgment)\
- Malave-Felix v. Volvo Car Corp., 946 F.2d 967 (1st Cir.) (proximate cause/foreseeability under Puerto Rico law)\
- Vazquez-Filippetti v. Banco Popular de P.R., 504 F.3d 43 (1st Cir.) (foreseeability and negligence under Art. 1802)