Lawyer replies to reader’s letter
Key West CitizenJune 18, 2017
The following is in response to the letter written by Janet Sneath, which was published on June 11 in The Citizen:
After reviewing Ms. Sneath’s letter from June 11, 2017, we would like to make the following the comments:
First, yes Mr. Barlow will need 24/7 physical care for the remainder of his life. This care will also include the love and support from his wife, Stacie, [and their] 7-year-old son Jake and 4-year-old daughter Reese.
Second, Ms. Sneath has incorrectly assumed that Mr. Grossman’s quote “you can’t take a human being from Massachusetts and plug them in here, step back, and say, ‘OK, you know everything’ had something to do with the intelligence of Mr. Barlow. However, quite the contrary is true. Not only is Mr. Barlow a highly intelligent individual, but Mr. Grossman’s quote addressed who has the greater knowledge of a dangerous condition at a resort? A first-time tourist who is unfamiliar with the property, or the management/ownership responsible for maintaining and controlling the resort property ? Ms. Sneath has failed to acknowledge that the designated swimming area Mr. Barlow dove into was inviting and held out to the public to enjoy, as there were no posted rules, restrictions or warning signs of any kind, and there was a floating diving platform within the swimming area. Ms. Sneath has also failed to acknowledge the Galleon Resort’s knowledge of the dangerous condition on its property. Indeed, the Galleon Resort had posted “No Diving” signs over the years along the area of the recreational deck that Mr. Barlow dove in from, yet on the day of Mr. Barlow’s injury the Galleon had no “No Diving” signs or warning signs posted anywhere on the deck or surrounding the designated swimming area.
Mr. Barlow is taking responsibility for what occurred on April 9, 2015 each and every day, as he lives in a hospital bed in his living room. There is nothing laughable about this. Ms. Sneath at least received a fair warning from her tour guide about cyclists “take no prisoners” attitude toward pedestrians in Amsterdam. As one of Mr. Barlow’s lawyers, we only asked the same courtesy from the Galleon Resort.
William P. Mulligan
Coral Gables, Florida