Court splits on Limitation of Liability Act in woman’s disappearance

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted March 5, 2024 11:12 AM

The 9th U.S. Circuit Court of Appeals split on whether the release Maureen Anne Ehart signed before departing for a day-trip off the coast of Maui was valid under the portion of the Shipowner’s Limitation of Liability Act.The act prohibits companies from procuring pre-trip waivers for personal injury and death claims involving “a vessel transporting passengers between ports in the United States.” The vessel returned to Lahaina Harbor — without Ehart — after mooring at a buoy near Molokini Crater for scuba diving and …

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