Virginia Key Marina, Inc. v. Bello

Virginia Key Marina appeals from a final judgment in a negligence action. For the following reasons, we reverse.

Enrique Bello sued Virginia Key Marina, alleging that his boat had suffered damages from negligent handling and vandalism while stored at the marina. The marina answered, raised the affirmative defenses of accord and satisfaction and a contractual exculpatory clause, and counterclaimed for unpaid storage fees. On February 26, 1991, Bello moved to strike the marina’s pleadings, to dismiss its counterclaim, and for judgment on the pleadings as to the issue of liability because the…