Published Friday, July 8, 2005

Suit Denied for Boy's Safari Death
Ruling binds family to arbitration with travel company.

The Associated Press

WEST PALM BEACH -- The father of an American boy mauled to death by hyenas in Africa cannot sue the Fort Lauderdale company that arranged the trip, the Florida Supreme Court ruled Thursday, reversing a lower court's decision.

The boy's mother, Molly Jacobs, arranged the trip with her son, Mark Garrity Shea, in July 2000. While the 11-year-old was sleeping alone in a tent, hyenas dragged him away from the campsite and killed him.

Jacobs, who lived in Brooklandville, Md., with the boy, had earlier divorced the boy's father, Mark R. Shea.

Jacobs attempted to sue Global Travel Marketing, which arranged the 25-day safari in Zimbabwe and Botswana. But she failed, partly because she signed a waiver absolving Global Travel of any liability if her son died or was injured. The waiver specifically called for disputes to be handled by binding arbitration in Fort Lauderdale, where Global Travel is based.

A Florida circuit court ruled that Jacobs' signature also bound the boy's father to the results of the arbitration, but the 4th District Court of Appeal in West Palm Beach disagreed. The Florida Supreme Court's decision on Thursday quashed that ruling.

"Just as the mother in this case had the authority to enter into a contract for herself and her minor child to travel to Africa for a safari, she also had the authority to agree to arbitrate claims on his behalf arising from that contract," the court said in its ruling.

The court said it decided only a narrow issue about the contract and that it makes "no opinion whether the release is enforceable or whether its enforceability should be decided by the trial court or arbitration."

The father's lawyer, Philip Burlington, did not return a call seeking comment late Thursday.

Global Travel's lawyer, Greg Gaebe, was out of town and unreachable, his office said.

Ain't it always that way. We're all big boys until the shit hits the fan then we all want to find someone to blame for our own decisions.

If Global Travel held a gun to the head of the mother and son, forced them onto a plane and out into the bush in Zimbabwe and Botswana, then the mother has a valid case.

It was a Safari in Africa for Christ sake. If you had wanted to take him to the zoo in Miami you should have done that.

I sympathize for her lose, but not her legal position.

DITTO!!!! My God! Is noboby responsible for their own actions in this day and age?

It's those damn lawyers. There's someone or something to blame for everything nowadays. I'm surprised that the heyenas weren't individually named in the lawsuit as well.

My sentiments exactly. No one is ever responsible for their actions. Someone is to blame. I think that is becoming the American way. The madness must stop somewhere!

I too, am sorry for her loss, however they were on safari in a VERY hostile environment.

The problem lies with lawyers.

We have TOO MANY LAWYERS in this country.

I read a few years ago that Harvard (or some other ivy league school) was graduating more lawyers than the total number that were PRACTICING law in Japan, at that time.

Yep, TOO MANY HUNGRY LAWYERS…

The problem isn't just with Lawyer's, it's what our culture has become. A no fault, instant gratification, no sacrifice, spoiled, "entitlement mentality" has become the norm. On the other hand grief and guilt are powerful emotion's that can lead otherwise good people to lash out in irrational ways... my heart goes out to any parent who has lost a child.

Aren't some of you jumping to conclusions on this a little too quickly unless you know something that wasn't in this article?

What if the safari company represented to the family that that this was an extremely safe environment with maximimum security from predators, animals etc? Then when the family gets out there, they realize that they are sleeping in tents among the wild animals...somewhat different from what was advertised, suggested or implied. I don't find it completely unbelievable to think that the safari company might stretch the truth a bit to gain a customer.

Who knows for sure but I wouldn't immediately start bashing the family or lawyers armed with only the facts from this article.

The info is incomplete. Where was mom or who was mom on the trip with? Why was a 11yr. old alone? How far away was everyone else not to hear anything? Someone may have screwed up but to many pieces missing to tell.
It is to damn bad for all involved.
Gene

If this is the case that I read about, the mother chose to sleep in a seperate tent. The mother claimed that the hyena unzipped the tent at night and went in after the boy. Officals on the ground felt that the boy came out of his tent to see the hyenas and they attacked him. Evidently the boy was fascinated by hyenas. Personally I find it easier to believe that an 11 year old came out of his tent than it is to believe that a hyena unzipped the flaps to the tent.
I believe that this happened in Botswana. One thing that I am sure of, if my 11 year old were on safari with me, he'd be in my tent with me, not alone in his.

I believe I would be a bit hesitant to let my 11 year old sleep by himself in a tent in the kind of place where the wild things are. I believe the mother was at fault as much as anyone. But as said above not enough info. I believe the mother felt so guilty about it all that she just needed someone else to blame. Who knows.

That was quite a bit of lawyer bashing. I always think it is funny when people bash lawyers. Never really fails that when they themselves see a good suit pass their way the first words passed their lips are - I'm calling my attorney

The very worst money-grubbing lawyer can't bring suit unless there is a client willing to make a claim. Demand creates supply.

Instead of this being a thread about how bad lawyers are, perhaps it ought to be about how good judges are!

I remember well when I was a trial attorney for the Corps of Engineers, a contractor made a claim because the subterrainian rock in Hawaii was of volcanic origin. I had the very best time in my life writing an epistle/brief about the bubbling up of lava, beginning with "In the Beginning"... quoting Genesis... The ALG (Administrative Law Judge) was a hoot.. His opinion referenced The Bible, National Geographic, The Discovery Channel, a third grade text and B.C., the comic strip... and ruled that the contractor was an idiot not to know what the hell he was contracting to do.

Sometimes (probably, most times), judges do the right thing, as in the instant example. Just make sure you elect good judges.. or support good folks who appoint them.

BWN300MAG: I like bashing my own profession. Right now I'm in the process of bringing a Motion To Compel Settlement and For Sanctions against two attorneys whose clients agreed to settle a case with my client, signed the Settlement Agreement and are now refusing to pay the Settlement amount. Just one fine example. But, hey let's keep it positive. The Heyenas got off the hook scott free.

Hey chaps in the USA

I would have thought any one with common sense would know that if you go somewhere anywhere in the world it is your own responsibilty what happins to you /// how in sh.ts name can anyone sue for been eaten by an animal.

Just to show how stupid the world is maybe they should try to sue the owners of the animals in Africa for damages (-:

And I thought we were crazy in Africa. It seems that soon I will have to put in my hunting contract that sometimes it is cloudy in Africa as some smart idiot will come back and say I told them it was dry and sunny in July

Peter

JudgG,

I totally agree about the judges. You guys are the last line of defense against the fruitcakes who want to take advantage of every crack in the system.

BTW, I was at the King and Prince for a Wedding a couple of weeks ago and tried all day on Saturday to call you. Figure you must have been out of town. Funny thing is, I got no answering machine. Do you not have one?

I think the part that’s really missing here is that most people going on an “Adventure†in a foreign land don’t understand that the rules are different and that the “no sharp corners-no running with scissors†mentality that protects us in the U.S. doesn’t exist in places like that.

Case in point: One of the people I work with is talking about taking his wife on a 2-week trip to southern Africa (country yet to be determined). I know he likes to stay outside of tourist areas and avoid tours and such, and he is specifically interested in getting out in the bush and seeing lots of wild critters. When I asked him what precautions he will be taking for traveling in dangerous areas (crime in the cities, predators in the bush, and I know he’s not a hunter or a shooter), he just shrugged and said, “There’s danger everywhere. What makes you think a Safari is any more dangerous than a week in Denver.â€

I think it is odd that an 11 year would fall asleep in a tent alone. Especially in what would probably be a scary place for someone so young. I think his mother must have been there and left the tent for some reason. A bad idea in a place like that.

I can't think of a better way to run the costs of a Safari up so high that most of you won't be able to afford it...thats what has run the cost of guns out of sight...

I have a real problem with frivolous law suits.

She signed the waiver, that should be the end of it...

These kinds of law suits just do not fly in most other countries..

I am totally against frivolous law suits (most law suits actually). I have never filed a law suit. I wouldnt be able to "call my attorney" because I dont have one I could call. I believe untold billions of dollars are spent in the US to just waste time and move money between people who are just suing each other.

JudgeG, Thank heavans for a judge like that who takes control and puts people in their place. It would be nice if the system could figure out how to short circuit these things before they even get to court.

All this being said, however..... A parent who has lost a child is in a world that few can understand. I know, I lost a son 3 years ago this month. It may have just been her way of venting, maybe she felt guilty. Whatever,.... I dont know. But one thing I have learned is to give a Bereaved parent a little space. Just my opinion.

quote:

Originally posted by JudgeG:
Just make sure you elect good judges.. or support good folks who appoint them.

Judge G

I AGREE with U 100%

BUT try telling that to your esteemed legislators, particularily the ones from the BLUE STATES /// those Democrats will elect some liberal wimp person whom will proberbly sue me for being a rednek

Have those Democrat guys in the Senate made any more progress to approve John Bolton as ambassador to the United Nations, or are they still using that filibuster tactic

Peter

I am retired from Texas Prison System. I can write a book on law suits. Think I was sued for being a redneck. The inmate's Calif. laywer called me one in Fedral Court. I was offended, i had spit out the redman before taking the stand.
Gene

Something fishy about the facts in this case, as reported anyway.

People everywhere, not just in the USA, and not only lawyers, need to take a hell of a lot more personal responsibility for their actions than many are willing to do.