Oops, shoulda checked those stands

Tom J

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Sep 30, 2008
2,306
Catalina 310 Quincy, MA
On my boat, the jack stands were chained, however, they were not Brownell stands and they were not chained in the recommended manner. Brownell wants them chained in the middle of the stand, these were chained at the top of the stand. Chaining at the top of the stand allows the base to wiggle and dance as the boat rocked. Eventually one stand gave way and down they went.
Excellant point. Here in the land of Brownell (they are based in Marion, MA), it is almost taken for granted that stands are Brownell. Once they are chained, they only become more secure as the chain tightens over the winter.
Another point to consider with boat stands is that the cover should never be tied to the stands. Wind can turn a cover into a chute that can pull a stand right out from under a boat. Most marinas and yacht clubs absolutely forbid this practice.
 
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Jun 1, 2015
217
Macgregor 26d Trailer Estates, Fl
The case appears to have been filed in federal court. This supposedly eliminates the bias of local elected judges, replacing them with federally appointed for life judges. The jury pool is usually a larger area and therefore less subject to a local bias. In theory. Not trying to hijack the thread to talk about these policies, just pointing out that the plaintiff gets to choose from the available forums with some options too numerous or detailed for this discussion. The plaintiff here being the one from out of town chose federal. Had it been the local company,they likely would have chosen the local forum.

Federal courts require specific pleading. This means the complaint has to state more than “you done me wrong,” but what was done wrong. I’ll see if I can find a copy of the complaint this week as it should shed some light on things and allow the speculators to have more fodder.

It should also have what damages are requested (costs, punitive, lost opportunity costs, fees, etc.). I bet it includes “anything else to which the plaintiff is entitled.”

I can see no reason for this complaint to be sealed so it should hit the wires this week.
 

Ward H

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Nov 7, 2011
3,651
Catalina 30 Mk II Barnegat, NJ
One question/scenario I did not see raised, which could be why the yard denies responsibility, is maybe the boat representative either dictated an action to the yard or performed an action against the yard's wishes?
IE: Didn't like where the yard placed the stands so they moved one?
Might explain why the yard denies responsibility.
 
Jan 11, 2014
11,432
Sabre 362 113 Fair Haven, NY
One question/scenario I did not see raised, which could be why the yard denies responsibility, is maybe the boat representative either dictated an action to the yard or performed an action against the yard's wishes?
IE: Didn't like where the yard placed the stands so they moved one?
Might explain why the yard denies responsibility.
If there is any hint of litigation the yard is going to deny responsibility. If they openly accepted responsibility then they would be on the hook. I'm sure their attorney said "keep your mouths shut!" or stronger words to that effect.

In my accident the yard guys were friends and members of my Club. They never expressed any thoughts about what happened except to blame it on the wind and my cover.
 
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Dec 23, 2016
191
Catalina 27 Clinton CT
Not sure what happened. The one poppit that I see wasn't big enough for that boat, so the poppits are gone. I've never worked in a yard that would haul a boat with a sail on it, especially a roller furler with a jib on it. Twice another yard has done it, only to have the jib open in a storm and pull the boat over. There looks like a stern line and a long bow line attached to the boat. Most yards remove them and coil them in the cockpit after hauling the boat. Just looks like sloppiness one the part of the yard. Not a lot of locking under the keel as well
 
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Jan 5, 2017
2,265
Beneteau First 38 Lyall Harbour Saturna Island
I've never worked in a yard that would haul a boat with a sail on it, especially a roller furler with a jib on it.
sun gypsy haulout.jpg I've never been asked to remove sails before a haul out. I've seen jibs open in a blow but fortunately the boats didn't fall over..
 
Jun 14, 2010
2,096
Robertson & Caine 2017 Leopard 40 CT
Same here. Most yards would haul a boat with sails on it. Any owner that leaves it without securing the furler properly deserves what they get. Yes it's a little more wind resistance, but I question whether it would have made a difference in this case.
 

Tom J

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Sep 30, 2008
2,306
Catalina 310 Quincy, MA
View attachment 160951 I've never been asked to remove sails before a haul out. I've seen jibs open in a blow but fortunately the boats didn't fall over..
I guess it is just taken for granted at our yacht club that you remove the sails at the dock before haulout. Just the thought of unfurling the jib before dropping it, and having a gust of wind come up, gives me the willies. A quick haul, just to paint the bottom or something, is another matter, especially if the boat is left in the slings.
 
Jan 5, 2017
2,265
Beneteau First 38 Lyall Harbour Saturna Island
That was just getting the boat settled. We were there for 4 days. New prop. , bottom paint ,zincs etc. There were other boats that had spent the winter that still had sails and canvas on them.
 

DougM

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Jul 24, 2005
2,242
Beneteau 323 Manistee, MI
My Beneteau323 came with a steel cradle. and has six adjustable support points, the keel resting on the cradle base. The outdoor storage area in the yard is compacted gravel. I have had the same storage spot for 14 seasons. Almost like having a name on a parking spot at the office.
 
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Jan 11, 2014
11,432
Sabre 362 113 Fair Haven, NY
My Beneteau323 came with a steel cradle. and has six adjustable support points, the keel resting on the cradle base. The outdoor storage area in the yard is compacted gravel. I have had the same storage spot for 14 seasons. Almost like having a name on a parking spot at the office.
I hear ya. My current boat is on a cradle, right next to the manager's camper and behind the office. There is power and water just feet away, a prime spot. I can pull the truck right up to the boat, so there is no slepping tools and ladders and stuff long distances. It's a beautiful thing. :waycool:
 
Jun 1, 2015
217
Macgregor 26d Trailer Estates, Fl
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.
 

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