Rick, I see this as both a fishing exercise and an effort to establish comparative negligence. My opinion is the power catamaran that broke loose and the marina that allowed them to moor at a dock that may have been undersized share responsibility. The other vessels that occupied slips and were properly secured share none.
I suspect the legal counsel apparently feels compelled to send letters to all the tenant vessel owners but is really after the power catamaran that broke loose and yanked the dock. The catamaran had a professional captain. I heard he was aboard during the storm. The captain could have requested the design limitation for the pier. Also, the marina should have known the design limitations of the pier. If the catamaran exceeded those limits, then the marina shares negligence. https://drive.google.com/file/d/18bZXhBSL6_7xA16fyWtpb4mbzyMJXPTb/view?usp=sharing As for me, I'll simply let my insurance company handle this. They apparently replied to the first letter stating the event was an act of God and they deny and culpability. They've already paid to have Touche's damage repaired. If they desire, they could go after the marina and the catamaran. However, I suspect it isn't worth their time nor do they realize the root cause of the damage. -- Dennis C. Touche' 35-1 #83 Mandeville, LA On Sat, Mar 12, 2022 at 9:15 PM Rick Brass via CnC-List < cnc-list@cnc-list.com> wrote: > > > > Dennis, if Touché was damaged because you didn’t prep for the hurricane > you’d not sue the marina for the cost of the damage, would you? The > marina’s assertion seems to me the opposite case. If Touché (properly > prepped) was damaged due to the marina’s negligence the marina should be on > the hook for repairs. I’m pretty sure you could find a lawyer to make the > case. Not sure you’d win, or that it would be worth the effort. > > > > > > Rick Brass > > Washington, NC > > > > > > > > > -- Dennis C. Touche' 35-1 #83 Mandeville, LA
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