Broadley v. Mashpee Neck Marina, Inc.

Mark Broadley (plaintiff) docked his boat at a marina owned by Mashpee Neck Marina, Inc. (Marina) (defendant), which required him to sign a waiver releasing it from all liability and requiring him to pay Marina's attorney's fees if he sued in violation of the waiver. Broadley was later injured when his foot slipped between the main dock and a floating dock, and he sued Marina for negligence, arguing the waiver was overbroad and unenforceable as a matter of public policy. The trial court instead reformed the waiver to cover only ordinary negligence (not gross negligence or intentional wrongdoing), found no gross negligence occurred, and granted Marina summary judgment. Broadley appealed.