Oops, shoulda checked those stands

[Davidasailor26]

Very interesting read. A few things strike me -

- The complaint says that LM personnel knew the ground in that area was unstable, but also that they were working under the yacht. Maybe the workers who knew of the conditions weren't the same ones doing the work, or maybe they just were scared and did the job anyway, but I'd be pretty nervous working under a yacht that size if I had any doubts that it was secure. I'd also be feeling pretty lucky afterward that it fell after I went home rather than when I was crouched down there.

- The complaint says Vesper's master spoke to LM about "the likelihood of severe weather or strong winds". It doesn't explicitly say that he expressed concerns about the condition of the ground or the number of stands. Since the yacht was in the full control of LM, I don't know if the master's lack of explicit concern really matters, but the fact that the complaint says he expressed some concerns makes me think it is relevant. Even if the master couldn't be held responsible to know the ground conditions, he should be responsible for knowing how many stands his vessel needs and where.

- I'm a little curious of the breakdown of the $15M between "monetary damages, compensatory damages, consequential damages; punitive damages, attorneys' fees, costs; and interest"

 

[Will Gilmore]

It sounds like Vesper was knockdown by its neighbor. As that seemed to be much of the evidence the Plaintiff claims was removed. However, that particular accusation, removing and destroying evidence, sounds more like a busy yard picking up after a mess and getting on with business.
It sounds like the biggest issue is the yard's about face on liability. This is going to be a PR nightmare for them. They have already lost a high paying, valuable customer that they could have kept.
Financially, if the only consideration is whether or not to disappoint and lose this one customer, how much business do you think the yard is sacrificing to avoid the costs of making good on the damages? What would be a reasonable guess as to what it would cost Lyman Morse to cover damages for Vesper? $40 to $50K? Double?
https://www.lymanmorse.com/services/rate-card/
General yard labor rate is $74/hr. That doesn't sound too bad. My furnace guy charges more.
Outside Winter dry storage is at $60/lf . I'm unclear as to how often that gets charged. Is that a monthly rate? At 95 feet ($5700) that adds up fast. No more repair charges to VLM either.
Here's a video of the LM yard. They seem to have an adequate number of stands on boats shown in the video.

LM seems like a small yard, tight on space. Maybe they were short on stands that day.

-Will (Dragonfly)

 

[dlochner]

Did you notice at ~30 seconds on the video that Vesper is pulling away from the dock?

 

[thinwater]

It sounds like Vesper was knockdown by its neighbor. As that seemed to be much of the evidence the Plaintiff claims was removed....
-Will (Dragonfly)

In 22 is says that an adjacent yacht was removed, but I don't see any mention that another yacht fell, or more specifically fell into Vesper. I think that would have been made very clear. I also don't see any rigging damage or scratched paint from that.

I'll repeat, the really damaging part is that it is obvious there could not have been stable stands under the front 1/3 of the yacht.

How much of the $15MM is real is another matter. We know the game.

 

[TomY]

Attached is the complaint. Remember that the alleged facts are what the plaintiff (Vesper) thinks they can prove. If you want to skip the legal mumbo jumbo see paragraphs 4-27.

Interestingly, they have brought 9 counts. Six of them based in maritime law and three in state or common law.

Thanks for posting that. This makes absolutely no sense to me.

I can see no possible way a yard could remove itself from being liable for damages in the situation. Further, why would their insurance company aid such a fools errand?

The insurer is a well known local company, I've worked with them for 20 years (their local history goes way back).

But the charges speak for themselves. What the other side has to say, is a mystery to me. I'll wait for that.

 

[williamtl]

What the other side has to say, is a mystery to me. I'll wait for that.

This to me is the art of legal writing. Writing in such a way that the reader goes, there could be no countering that. But you do have to wait for “the rest of the story.”

The response/answer will likely be a paragraph by paragraph, agree, deny, do not have sufficient knowledge to agree or deny. They have 20 days from service to respond or a motion for default will be filed.

I expect it will settle.

 

[Will Gilmore]

Maybe the yard decided they had too many 95 foot yachts coming in for work and storage and they wanted to cut back on their customer base.

It would be awesome to get to read LM's response.

-Will (Dragonfly)

 

[Maine Sail]

LM seems like a small yard, tight on space. Maybe they were short on stands that day.

-Will (Dragonfly)

All you see in that video is really the waterfront area. The yard goes all the way past the red buildings in the background. They have quite a bit of outdoor space for a boat builder... Try not to confuse LM with a typical boat yard. While they do store some boats it is generally only for boats having work done.