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Matthews v. Howell6/8/2000
ated to traditional maritime activity."); White, 53 F.3d at 48 (noting that guarding vessels docked for repairs and maintenance is substantially related to traditional maritime activity); Bubla v. Bradshaw, 795 F.2d 349, 352 (4th Cir. 1986) (noting that, in a negligence claim for the onboard electrocution of a boat inspector, the case "touche upon the maintenance and repair of seagoing vessels. . . . These concerns are maritime in nature."). Combining these two standards, i.e., providing proper means of ingress and proper repair and maintenance of vessels in general, we hold that maritime law applies to appellants' allegations that, having implicitly invited Ms. Matthews to get into the water by virtue of his doing so in her presence, appellee failed to adequately prepare for Ms. Matthews' reboarding of his craft, and that he failed to supply or utilize, or to direct others to utilize, the safety equipment necessary to rescue Ms. Matthews. In addition, maritime law applies to appellants' allegation that appellee failed to adequately warn Ms. Matthews (and the others) of the potential hazards to her safety. See McClenahan v. Paradise Cruises, Ltd., 888 F. Supp. 120, 122 (D. Hawai'i 1995) (finding, in a case in which a number of divers received ear injuries during a "Snuba" (a cross between scuba and snorkeling) dive, that "maritime jurisdiction is also proper because Plaintiffs have alleged negligence for failure to warn and aid on the part of the vessel.").
V. Did a Material Dispute of Fact Exist?
We have already noted, supra, the dispute in fact among the three witnesses in their depositions, namely as to whether appellee made sufficient efforts to attempt to rescue Ms. Matthews. This dispute in fact is material in that it may reflect on whether appellee breached any duty of care he may have owed Ms. Matthews as the captain of the vessel. There is also a dispute as to whether appellee disengaged the engines prior to abandoning his helm, which may also affect his liability under federal maritime law. Of course, the most apparent dispute of fact, disregarded by the trial court, is whether Ms. Matthews fell or jumped into the water. That fact is material to the proximate cause of Ms. Matthews' death and any negligence on her part. With these apparent material facts in dispute, it was improper for the trial court to grant summary judgment to appellee.
VI. Conclusion
We hold that maritime law applies to the facts and allegations of this case. Thus, it was legally incorrect for the trial court to apply non-maritime law and rule that appellee owed no legal duty to rescue Ms. Matthews. Whatever duty of care appellee may have owed to the decedent is to be determined, on remand, under the federal maritime law. In addition, there was a dispute as to material facts before the circuit court, which the court failed to recognize. For both reasons, it was inappropriate for the trial court to grant summary judgment to appellee. Accordingly, we reverse the order of the circuit court and remand for further proceedings.
JUDGMENT OF THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY REVERSED; CASE REMANDED TO THAT COURT FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION; COSTS TO BE PAID BY APPELLEE.
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