Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Steven Dinenno, Sr., On Behalf of Anthony v. Lucky Fin Water Sports

February 22, 2011

STEVEN DINENNO, SR., ON BEHALF OF ANTHONY DINENNO, A MINOR,
PLAINTIFF,
v.
LUCKY FIN WATER SPORTS, LLC; MARC M. ROY, JR.;
AND GEORGE DJUKANOVIC, JR., DEFENDANTS, LUCKY FIN WATER SPORTS, LLC, THIRD-PARTY PLAINTIFF,
v.
ROBERT HUGHES, THIRD-PARTY DEFENDANT.



The opinion of the court was delivered by: Honorable Joseph E. Irenas

OPINION

IRENAS, Senior District Judge:

The principal suit before the Court is a personal injury suit within this Court's admiralty jurisdiction*fn1 arising out of a collision between two jet skis. The third party action, which is the subject of this opinion, concerns the indemnification and release provisions contained in the jet ski rental agreements. Cross motions for summary judgment are pending between Third Party Plaintiff Lucky Fin Water Sports, LLC and Third Party Defendant Robert Hughes. For the reasons stated herein, summary judgment will be granted to Hughes, and Lucky Fin's Motion for Summary Judgment will be denied.

I.

The disputed facts and circumstances concerning the August 30, 2007 collision of two jet skis owned by Lucky Fin are discussed in this Court's opinion addressing Lucky Fin's motion for summary judgment against Plaintiff and will not be repeated here. The following undisputed facts are relevant to the instant Motions.

Anthony Dinenno (13 years old at the time) and George Djukanovic, Jr. (18 years old at the time) were a guests of their friends, the Hughes family, on a trip to Wildwood, New Jersey. (Robert J. Hughes Dep. p. 19-20) On August 30, 2007, during their stay in Wildwood, the group went to Lucky Fin to rent jet skis. Dinneno was to ride as Djukanovic's passenger. Because Dinneno was a minor, Lucky Fin required an adult to sign, on behalf of Dinneno, the rental agreement that was also signed by Djukanovic. (Robert J. Hughes Dep. p. 30-33) As Dinneno's parents did not accompany him on the trip, Third Party Defendant Robert Hughes, the father of Dinneno's friends, signed the agreement as the "parent/guardian or responsible party" for Dinneno. (Id.)

The relevant portion of the rental agreement signed by Hughes provides:

NOW THEREFORE, in consideration of the permission extended to me by Lucky Fin Water Sports, L.L.C., through its officers, and agents to take such a trip or trips, I do hereby for myself, my heirs, executors, and administrators, remise, release and further discharge Lucky Fin Water Sports, L.L.C., . . . from all claims demands, actions, or causes of action on account of my death or on account of any injury to me which may occur from any cause during the trip or trips or continuation thereof, as well as any operations incident to such trip or trips.

The undersigned further agrees they shall indemnify and save harmless Lucky Fin Water Sports, L.L.C., . . . against all loss, cost or damage on account of any injury to persons or property occurring or rising out of this lease. . . . .

REPRESENTATION OF PARENT/GUARDIAN OR RESPONSIBLE PARTY--

I hereby represent that I am the parent and/or legal guardian and/or responsible party of the participant indicated above, that I fully understand the contents of this agreement and the results and consequences of signing it, that I voluntarily consent to all aspects of the agreement, including the waivers, releases, and indemnification agreements as set forth in the agreement above. (Intoccia Decl. Ex. C) (caps and bold in original).

In the principal action, Dinneno's "guardian ad litem", Steven Dinenno, Sr., filed negligence claims against Lucky Fin, Djukanovic, and Mark Roy, Jr., the operator of the jet ski that collided with the jet ski carrying Djukanovic and Anthony Dinneno.

Upon Lucky Fin's Motion, Magistrate Judge Schneider granted Lucky Fin leave to file a third party complaint against Robert Hughes, based solely on the fact that Hughes signed the rental agreement as the responsible party for Anthony Dinneno.*fn2 The Third Party Complaint alleges three claims: contribution under New Jersey statutory law; common law indemnification; and "contractual indemnification" based on the rental agreement. Hughes ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.