We obtained a summary judgment dismissal of all tort, contract, and bailment claims against a yacht club following a fire that destroyed two vessels and damaged eight more. Adopting our arguments, Judge Collings dissected First Circuit maritime law — as supplemented by state law to fill gaps where maritime law is silent — and enforced the club’s by-laws and exculpatory language. On appeal to the First Circuit by the boat owners/club members, Justice Souter affirmed.
In re Martin, 596 F.Supp.2d 142 (D. Mass. 2009), aff’d 2010 AMCÂ 2398 (1st Cir. 2010) (Souter, J.).
After a two week trial of a multi-million dollar marina fire, we absolved our client and defeated an adjacent yacht’s husband and wife’s attempt to limit their liability. Our marine surveyor, fire origin investigator, and electrical causation expert did a stellar forensic job insofar as much of the electrical evidence vaporized in the blaze before the yachts sank at their slips. Then the husband and wife made things worse by losing critical evidence, which Judge Bowler found “highly questionable” and she found them to have an “unconvincing demeanor at trial on cross examination.” They should not have “closed their eyes” to obvious problems with their shore power cables which started the fire and should have followed the manufacturer’s instructions and trouble shooting guide.
In re Rhotens Limitation Proceeding, 397 F.Supp.2d 151 (D. Mass. 2005)
