MICHEL v. MERRILL STEVENS DRY DOCK CO.

No. 88-2992.

554 So.2d 593 (1989)

Marie C. MICHEL, Appellant, v. MERRILL STEVENS DRY DOCK COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

December 19, 1989.


Attorney(s) appearing for the Case

Rodriguez and Aronson and Domingo C. Rodriguez; Preddy, Kutner, Hardy, Rubinoff, Brown, and Thompson and Susan S. Lerner, Miami, for appellant.

Kelley Drye & Warren and Robert C. Shearman, Miami, for appellee.

Before SCHWARTZ, C.J., and BARKDULL, HUBBART, NESBITT, BASKIN, FERGUSON, JORGENSON, COPE, LEVY and GERSTEN, JJ.


ON REHEARING EN BANC

LEVY, Judge.

This case was set for rehearing en banc to determine the enforceability of an exculpatory clause contained in a ship repair contract. The vessel owner argues that the trial court erred in entering summary judgment in favor of the ship repairer because the exculpatory clause was ambiguous and, thus, did not absolve the ship repairer from liability for its negligence and/or breach...

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