By January 5, 2017 Newsletters - 2017
Joseph M. Sette, a partner, and Andrew S. Bruce, an associate, in our Fort Myers office, recently obtained final summary judgment in favor of a marina.
The matter arose from the Plaintiff docking his 110 foot motor yacht at the Defendants’ marina and leaving the yacht unattended for a period of six months. Upon return, the Plaintiff found that a non-marina employee, to whom the Plaintiff had provided keys to the vessel, had stolen numerous personal items from the vessel, removed the navigation equipment, and stripped the vessel of numerous structural components allowing water infiltrate the hull and causing the proliferation of black mold throughout the vessel which was alleged to cause the Plaintiff’s toxic mold sickness. Thereafter, the Plaintiff encountered another individual attempting to remove items from the deck of the boat and a physical altercation ensued in which the Plaintiff sustained multiple injuries including injuries to his cervical spine, right knee, right ankle, both hands, both wrists, lost teeth and a fractured jaw. The Plaintiff alleged the Defendant failed to maintain the marina in a reasonably safe condition, allowed a dangerous condition to exist, failed to warn of the dangerous condition, unlawfully seized the Plaintiff’s zodiac, and allowed the Plaintiff’s 110 foot motor yacht to be vandalized and take on water leading to the sinking of the vessel. Plaintiff incurred over $150,000.00 in medical specials, $180,000.00 in wage loss and over $3,000,000.00 in claimed property damage.
The Defendant sought summary judgment and entitlement to attorney’s fees and costs based on the Boat Space rental agreement which contained a hold harmless and indemnification clause in favor of the marina. The trial court granted final summary judgment and entitlement to fees and costs in the Defendants favor. Read More