No good deed goes unpunished!
We may not have won the race, but we won the case!
I just had my first experience in small claims court.
I received an email last summer forwarded from someone looking to crew on the Marion Bermuda Race (3 days before the race). I had a drop out due to injury the week before the race and was somewhat interested. The individual was a self described experienced sailor, celestial navigator, long time boat owner. I gave him a call and spoke with him on the phone. He sounded pleasant. 75 yrs old, a physician and described himself as very active and in good shape. I was very specific in asking him about his physical condition. He said he played tennis actively, sailed, skied and scuba dived. I asked him if he was "nimble" and he said yes.
I was very clear when I told him I was interested but I'd have to meet him in Marion when we arrived for a Breakfast meeting with some of the other senior crew. I told him that was when the final decision would be made. Email on our yahoo group that he was invited on and responded to supported this. It was also explained that all expenses were to be shared and transportation was an individual's cost. Again, I was very clear that an in person interview was a must.
He shows just before lunch and did not fit his description. He is morbidly obese and not too steady. At the calm mooring he stumbles twice on deck. My 2 other crew are baffled. After being on board for about 15 minutes he says he has a lunch date with a friend.
We later inform him that he won't be part of our crew.
He proceeds to sue me (in a court in Maine) for an airplane ticket, hotel reservation, and a navigational chart said he bought on my behalf, over $800 in total plus court costs.
I surprised him and traveled from NJ to ME and successfully defended myself and was victorious. The judge was very fair. It took her about half a second to find in my favor.
If I ever find myself looking for new crew, I guess I'll have to have them fill out some sort of legal disclaimer! What nonsense!!
Anyone ever have this happen to them?
We may not have won the race, but we won the case!
I just had my first experience in small claims court.
I received an email last summer forwarded from someone looking to crew on the Marion Bermuda Race (3 days before the race). I had a drop out due to injury the week before the race and was somewhat interested. The individual was a self described experienced sailor, celestial navigator, long time boat owner. I gave him a call and spoke with him on the phone. He sounded pleasant. 75 yrs old, a physician and described himself as very active and in good shape. I was very specific in asking him about his physical condition. He said he played tennis actively, sailed, skied and scuba dived. I asked him if he was "nimble" and he said yes.
I was very clear when I told him I was interested but I'd have to meet him in Marion when we arrived for a Breakfast meeting with some of the other senior crew. I told him that was when the final decision would be made. Email on our yahoo group that he was invited on and responded to supported this. It was also explained that all expenses were to be shared and transportation was an individual's cost. Again, I was very clear that an in person interview was a must.
He shows just before lunch and did not fit his description. He is morbidly obese and not too steady. At the calm mooring he stumbles twice on deck. My 2 other crew are baffled. After being on board for about 15 minutes he says he has a lunch date with a friend.
We later inform him that he won't be part of our crew.
He proceeds to sue me (in a court in Maine) for an airplane ticket, hotel reservation, and a navigational chart said he bought on my behalf, over $800 in total plus court costs.
I surprised him and traveled from NJ to ME and successfully defended myself and was victorious. The judge was very fair. It took her about half a second to find in my favor.
If I ever find myself looking for new crew, I guess I'll have to have them fill out some sort of legal disclaimer! What nonsense!!
Anyone ever have this happen to them?
