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January 2016    Download the Entire Issue (PDF) Vol. 31, No. 1   RSS Feed for Undercurrent Issues
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Judge Rules That a Liability Waiver Doesnít Cover Snorkeling

from the January, 2016 issue of Undercurrent   Subscribe Now

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A federal judge recently ruled that a signed liability waiver doesn't necessarily bar a woman from suing for negligence after her husband died on a Maui snorkeling excursion.

Mark Strickert, 50, of Austin, TX, died in 2014 when he was unable to return to captain Charley Neal's boat during a fast-moving storm at Molokini Crater (we wrote about the incident in our September 2014 issue). Strickert was snorkeling with his wife, plaintiff Mary Strickert, and their two children. Six scuba divers and six snorkelers were in the water for 30 minutes when, as Neal wrote in a Facebook post after the incident, "A freak storm rolled in and hit like a wall, 40 to 60 m.p.h. winds, rain, and eight- to 12-foot breaking waves."...

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