Witt v. Dolphin Research Center, Inc.
| Decision Date | 04 June 1991 |
| Docket Number | No. 91-151,91-151 |
| Citation | 582 So.2d 27 |
| Parties | Walt WITT and Arlene Lovas, Appellants, v. DOLPHIN RESEARCH CENTER, INC., Appellee. 582 So.2d 27, 16 Fla. L. Week. D1509 |
| Court | Florida District Court of Appeals |
Hoppe, Beckmeyer & Stokes and Tom Beckmeyer, for appellants.
Richard A. Sherman and Rosemary Wilder, Fort Lauderdale, for appellee.
Before SCHWARTZ, C.J., and NESBITT and COPE, JJ.
The plaintiffs-appellants were allegedly injured by two porpoises they had joined in a so-called "dolphin experience" operated by the defendant Dolphin Research Center, Inc. In a two count complaint, they alleged that the defendant (a) had been negligent in controlling and operating the attraction and (b) was strictly liable for injuries caused by the dolphins as a "keeper" of "wild animals." The defendant moved for and was awarded summary judgment in its favor on the sole ground that the action was barred by the terms of a pre-"experience" release which the plaintiffs had each signed prior to their encounter with Flipper and his companion. The releases provided I, the undersigned, in consideration of my being allowed to participate in the Dolphin/Encounter, hereby release and discharge Dolphin Research Center, Dolphinlab, all employees and volunteers associated with the Dolphin Research Center, and the National Marine Fisheries Service from all claims, demands, actions, liabilities, and judgments which I may have or accrue as a result of my Dolphin/Encounter, or claim to have against Dolphinlab, Dolphin Research Center for all personal injuries or other damages incurred while on the premises of the Dolphin Research Center or elsewhere as a result of my Dolphin/Encounter. I also agree that I am responsible for any damages that I willfully or unwillfully or negligently inflict upon the facilities at Dolphin Research Center. I acknowledge that I have read and fully agree to the above.
It is settled law that a pre-incident release is not effective to preclude an action based on the releasee's subsequent negligence unless the instrument clearly and specifically provides for a limitation or elimination of liability for such acts. Van Tuyn v. Zurich American Ins. Co., 447 So.2d 318 (Fla. 4th DCA 1984); O'Connell v. Walt Disney World Co., 413 So.2d 444 (Fla. 5th DCA 1982); Goyings v. Jack and Ruth Eckerd Foundation, 403 So.2d 1144 (Fla. 2d DCA 1981); Tout v. Hartford Accident & Indem. Co., 390 So.2d 155 (Fla. 3d DCA 1980); Ivey Plants, Inc. v. FMC Corp., 282 So.2d 205 (Fla. 4th DCA 1973), cert. denied, 289 So.2d 731 (Fla.1974); cf. Theis v. J & J Racing Promotions, 571 So.2d 92 (Fla. 2d DCA 1990) (); Bruce v. Heiman, 392 So.2d 1026 (Fla. 5th DCA 1981) (same); Thomas v. Sports Car Club of America, Inc., 386 So.2d 272 (Fla. 4th DCA 1981) (same). Since there is no specific reference in the releases to the appellee's...
To continue reading
Request your trial
-
Ucf Athletics Ass'n Inc. v. Plancher
...rule requiring such express language, Rosenberg v. Cape Coral Plumbing, Inc., 920 So.2d 61 (Fla. 2d DCA 2005); Witt v. Dolphin Research Ctr., Inc., 582 So.2d 27 (Fla. 3d DCA 1991); Levine v. A. Madley Corp., 516 So.2d 1101 (Fla. 1st DCA 1987); Van Tuyn v. Zurich Am. Ins. Co., 447 So.2d 318 ......
-
Hopkins v. The Boat Club, Inc.
...torts. 3. Other Florida courts have eschewed the bright-line rule applied in these decisions. Compare Witt v. Dolphin Research Center, Inc., 582 So.2d 27 (Fla. 3d DCA 1991) with Hardage Enterprises, Inc. v. Fidesys Corporation, N.V., 570 So.2d 436 (Fla. 5th DCA 1990) and Lantz v. Iron Horse......
-
Cain v. Banka
...(Fla. 5th DCA 1998). The other districts take a "bright line" position requiring such express language. See Witt v. Dolphin Research Center, Inc., 582 So.2d 27 (Fla. 3d DCA 1991); Levine v. A. Madley Corp., 516 So.2d 1101 (Fla. 1st DCA 1987); Rosenberg v. Cape Coral Plumbing, Inc., 920 So.2......
-
Elalouf v. Sch. Bd. of Broward Cnty.
...appellate court. See Hughes v. Enter. Leasing Co. , 831 So. 2d 1240, 1241 (Fla. 1st DCA 2002).3 He cited to Witt v. Dolphin Research Center, Inc. , 582 So. 2d 27 (Fla. 3d DCA 1991). Witt cites to Van Tuyn v. Zurich American Ins. Co. , 447 So. 2d 318 (Fla. 4th DCA 1984), which is also cited ......
-
Proposals for settlement: more traps for the unwary.
...clearly and specifically provide that it intends to release liability for future negligent actions. Witt v. Dolphin Research Ctr., Inc., 582 So. 2d 27 (Fla. 3d D.C.A. 1991). This release does not appear to comply with the Witt requirement. (24) USAA Cas. Ins. Co. v. Auffant, 274 B.R. 554, 5......