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BROADLEY v. MASHPEE NECK MARINA, INC.

No. 05-2822.

471 F.3d 272 (2006)

MARK BROADLEY, Plaintiff, Appellant, v. MASHPEE NECK MARINA, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

December 22, 2006.

Attorney(s) appearing for the Case

Thomas M. Bond with whom Matthew H. Snell and The Kaplan/Bond Group were on brief for appellant.

John H. Bruno, II with whom Masi & Bruno was on brief for appellee.

Before Boudin, Chief Judge, Torruella and Dyk, Circuit Judges.

BOUDIN, Chief Judge.

On August 25, 2002, Mark Broadley was injured at the Mashpee Neck Marina ("Marina") at Cape Cod when his foot became caught in a gap between the main dock and a floating dock where his vessel was moored. The gap between the docks is about two to three inches wide when the water is calm, but the wake of a passing boat can cause the docks to move and the gap to widen. Broadley fractured his ankle and was left with a permanent loss of function.<...

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