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1 minute ago, SloopJonB said:

Two of the things I remember from a broken foot 45 years ago.

The exquisite sensation of having my leg & foot washed after the cast came off - it was damn near orgasmic.

And the incredible stink between those two events.

I spent almost nine months in casts with my first break, that first bath was amazing and unbelievably foul.

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In The Pool, Georgian Bay:

Not sailing last weekend in the Fox Island Thoroughfare, Penobscot Bay, Maine. Fall, best light for photos, is here.   

Here is my new one. Definitely not sailing in these pictures. It will be soon. It is my design based off the profile of a Monk designed sloop I restored in the 1970's. 

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53 minutes ago, Ishmael said:

Both of my breaks were compound tib/fib, so my leg looks pretty ugly. Add in the TKR and it's Frankenstein redux.

Oh shit. 

klJZFFg.gif.256c2f28fc87d4d278500e96c5fdbc37.gif

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56 minutes ago, Ishmael said:

Both of my breaks were compound tib/fib, so my leg looks pretty ugly. Add in the TKR and it's Frankenstein redux.

I have a couple of friends with legs like that.

One got catapulted off the back seat of a bike in a head on - landed foot first in the gutter against the curb.

They were going to amputate but decided to try - several ops later he was O/K - he doesn't even limp but he has the single most impressive scar I've ever seen. It goes from his hip to his ankle and was cut open several time.

The other was also a motorcycle accident - he's had a couple of new hips, a new knee and a new ankle - all well after the badly broken bones mended. Also scarred from crotch to foot.

Neither of them ever wear shorts so they won't scare the children and horses.

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I just got back from the hospital for new X-rays and exam by my local doctor. The X-rays are bad enough, but after cutting off the cast, the leg itself was disgusting. Stitches all over the place, skin dripping off, etc. I thought my wife was going to hurl. Now with a sock and an Aircast. At least I can loosen it enough to ice the leg.

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On 8/3/2021 at 5:29 PM, SloopJonB said:

I have a couple of friends with legs like that.

One got catapulted off the back seat of a bike in a head on - landed foot first in the gutter against the curb.

They were going to amputate but decided to try - several ops later he was O/K - he doesn't even limp but he has the single most impressive scar I've ever seen. It goes from his hip to his ankle and was cut open several time.

The other was also a motorcycle accident - he's had a couple of new hips, a new knee and a new ankle - all well after the badly broken bones mended. Also scarred from crotch to foot.

Neither of them ever wear shorts so they won't scare the children and horses.

 

On 8/3/2021 at 6:05 PM, Ishmael said:

I just got back from the hospital for new X-rays and exam by my local doctor. The X-rays are bad enough, but after cutting off the cast, the leg itself was disgusting. Stitches all over the place, skin dripping off, etc. I thought my wife was going to hurl. Now with a sock and an Aircast. At least I can loosen it enough to ice the leg.

Ish still has my complete sympathy, but shouldn't there be a special font or flag for posts that are... well... stomach-turning?

disgusting.gif.8fee0bbf7875b3fd26c3c61b7d8917bb.gif

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40 minutes ago, Bull City said:

 

Ish still has my complete sympathy, but shouldn't there be a special font or flag for posts that are... well... stomach-turning?

disgusting.gif.8fee0bbf7875b3fd26c3c61b7d8917bb.gif

I guess I have a pretty strong stomach for that kind of thing.

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I really hope it knits well, Ish. You're a strong dude.

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Not my boat, but doing all the work so it can launch on Thursday, then I get back to my boats.

Installing a new Harken traveller and painting the cockpit today…

A62717E4-DAFE-43ED-8253-8BA7B6573120.thumb.jpeg.17ac7585253d6616b88e29ebb33b2d47.jpeg

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1 hour ago, Cruisin Loser said:

I really hope it knits well, Ish. You're a strong dude.

Thanks, CL, hoping for the best. This healing process is really boring.

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Well, it's going to be easy to show my boat not sailing for at least a week or so.  She's now on the hard.  Why?  Because yours truly screwed the pooch. 

A mostly windless day yesterday lead us to not sit with flapping sails, but to motor around.  We decided to go to a nice anchorage, but since my wife hurt her knee (a bike accident the day before), my friend Dave was going to handle the anchor.  So I check the chart to make sure we aren't going to hit anything anytime soon; we'll come a little close to some more shallow water, but no big deal because it's close to high tide.  I put on the autohelm and my wife stands behind the wheel "on watch".  In reality, she's in a deep conversation with Dave's wife.  Dave and I are on the bow while I show him the anchor ropes.  All of sudden, boom.  We go from about 4.5 knots to a dead stop.  I rush back to the cockpit, and steer us off of whatever is scraping the bottom of the keel. 

First thing we do is check to make sure the bilge isn't flooding.  It's not, but there's some water down there, so we keep an eye on it to make sure it isn't getting deeper.  As chance would have it, we're not more than 15 minutes from the dock, so we hurry back.

I had checked the GPS chart, and it seemed the course was safe.  How did we hit something?  Because dopey me was looking at too coarse a scale; the course line looked fine, but if I had zoomed in, I would have seen that in greater detail, the course went right over a rock.   The rock wasn't visible on the scale I had used.  Stupid.

As soon as we get back to the dock, I empty the bilge with the pump and some sponges.  I see there's water coming into the low part of the bilge, albeit, verrrrry slowly.  I can't tell if it's new water, or if this water is just draining in from a higher and less accessible part of the bilge.  I wasn't taking chances at that point, so I had the yard pull the boat.

I went over there this morning, and the damage to the front of the keel is obvious:  there are some big gouges right at the bottom front edge, and some lead had been scraped away on the side edge.  But the big issue is the keel hull joint at the top aft edge; it clearly pushed into the hull, causing some hairline cracks.  There are also similar cracks along the port side keel/hull joint.  The yard guy ground away some surface material to check to see if the cracks were into the hull itself or if it was just the paint and gelcoat.  We found that this was not the first time this had happened to this boat as there was an old repair at this same location.  It's not certain that this is the source of the water, but I'm not rolling the dice on this. Ugh.  This is going to be somewhat expensive.

I tried to upload some pictures of my boat not sailing, but the operation failed for some reason.  Considering the weekend I had, I'm counting that as a plus.

 

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Ughh.

Are you going to drop the keel?

Any chance of beefing up the structure at the back of the keel - a glass floor or something?

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16 minutes ago, Hukilau said:

Well, it's going to be easy to show my boat not sailing for at least a week or so.  She's now on the hard.  Why?  Because yours truly screwed the pooch. 

A mostly windless day yesterday lead us to not sit with flapping sails, but to motor around.  We decided to go to a nice anchorage, but since my wife hurt her knee (a bike accident the day before), my friend Dave was going to handle the anchor.  So I check the chart to make sure we aren't going to hit anything anytime soon; we'll come a little close to some more shallow water, but no big deal because it's close to high tide.  I put on the autohelm and my wife stands behind the wheel "on watch".  In reality, she's in a deep conversation with Dave's wife.  Dave and I are on the bow while I show him the anchor ropes.  All of sudden, boom.  We go from about 4.5 knots to a dead stop.  I rush back to the cockpit, and steer us off of whatever is scraping the bottom of the keel. 

First thing we do is check to make sure the bilge isn't flooding.  It's not, but there's some water down there, so we keep an eye on it to make sure it isn't getting deeper.  As chance would have it, we're not more than 15 minutes from the dock, so we hurry back.

I had checked the GPS chart, and it seemed the course was safe.  How did we hit something?  Because dopey me was looking at too coarse a scale; the course line looked fine, but if I had zoomed in, I would have seen that in greater detail, the course went right over a rock.   The rock wasn't visible on the scale I had used.  Stupid.

As soon as we get back to the dock, I empty the bilge with the pump and some sponges.  I see there's water coming into the low part of the bilge, albeit, verrrrry slowly.  I can't tell if it's new water, or if this water is just draining in from a higher and less accessible part of the bilge.  I wasn't taking chances at that point, so I had the yard pull the boat.

I went over there this morning, and the damage to the front of the keel is obvious:  there are some big gouges right at the bottom front edge, and some lead had been scraped away on the side edge.  But the big issue is the keel hull joint at the top aft edge; it clearly pushed into the hull, causing some hairline cracks.  There are also similar cracks along the port side keel/hull joint.  The yard guy ground away some surface material to check to see if the cracks were into the hull itself or if it was just the paint and gelcoat.  We found that this was not the first time this had happened to this boat as there was an old repair at this same location.  It's not certain that this is the source of the water, but I'm not rolling the dice on this. Ugh.  This is going to be somewhat expensive.

I tried to upload some pictures of my boat not sailing, but the operation failed for some reason.  Considering the weekend I had, I'm counting that as a plus.

 

There's probably similar damage to the hull at the leading edge of the keel. That sucks.

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39 minutes ago, Hukilau said:

I had checked the GPS chart, and it seemed the course was safe.  How did we hit something?  Because dopey me was looking at too coarse a scale; the course line looked fine, but if I had zoomed in, I would have seen that in greater detail, the course went right over a rock.   The rock wasn't visible on the scale I had used.  Stupid.

 

If it's any consolation, Vestas made the same mistake....

Volvo Ocean Race- Chris Nicholson Interview - Part 2 - On the Rocks

 

Because of this accident, I always double check my route and zooom in really close and follow the whole route manually on the screen before I save and put it into play.

 

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2 hours ago, MauiPunter said:

If it's any consolation, Vestas made the same mistake....

Volvo Ocean Race- Chris Nicholson Interview - Part 2 - On the Rocks

 

Because of this accident, I always double check my route and zooom in really close and follow the whole route manually on the screen before I save and put it into play.

 

I thought of Vestas too; unfortunately, that doesn't make me feel much better as I remember what I thought of that particular snafu at the time.  I have a zillion excuses here (I only left the helm for a few minutes, I left someone there to monitor things, I've been through there a million times before, blah blah blah), but I'm still the one at fault.  A good lesson, albeit an expensive one.  And will my wife ever take the helm again?  I sure hope so.  

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2 hours ago, SloopJonB said:

Ughh.

Are you going to drop the keel?

Any chance of beefing up the structure at the back of the keel - a glass floor or something?

No plans to do that right now.  The interior stringer looked ok, but we'll check it more closely for any evidence of previous repairs.  But I like your idea of beefing that up too.  As long as we're doing this.... The plan now is to grind  out the damaged earlier repair, then reglass and fair.

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1 hour ago, Hukilau said:

I thought of Vestas too; unfortunately, that doesn't make me feel much better as I remember what I thought of that particular snafu at the time.  I have a zillion excuses here (I only left the helm for a few minutes, I left someone there to monitor things, I've been through there a million times before, blah blah blah), but I'm still the one at fault.  A good lesson, albeit an expensive one.  And will my wife ever take the helm again?  I sure hope so.  

I learned my lesson in a similar fashion, albeit with no damage, when I let a buddy drive on the way out of a harbor with a big old shoal. I ran forward to manage the fenders and gates as he blissfully drove straight into it. I got back to the wheel just in time to pull the fastest 180 the boat's ever done in my hands.

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@Hukilau I'm really sorry to hear of your mishap. Wishing you back on the water soon, without too big of a cashectomy. I would ask for pictures of the damage, but I'm afraid @Ishmael would take pictures of his leg.

BTW Ish, did they put any rebar in your leg? No pics please. :D

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46 minutes ago, IStream said:

I learned my lesson in a similar fashion, albeit with no damage, when I let a buddy drive on the way out of a harbor with a big old shoal. I ran forward to manage the fenders and gates as he blissfully drove straight into it. I got back to the wheel just in time to pull the fastest 180 the boat's ever done in my hands.

None of you guys are named Hazelwood are you?

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42 minutes ago, Bull City said:

I would ask for pictures of the damage, but I'm afraid @Ishmael would take pictures of his leg.

BTW Ish, did they put any rebar in your leg? No pics please. :D

If he posts any I'm hitting back with Gay Santa.

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2 hours ago, Bull City said:

@Hukilau I'm really sorry to hear of your mishap. Wishing you back on the water soon, without too big of a cashectomy. I would ask for pictures of the damage, but I'm afraid @Ishmael would take pictures of his leg.

BTW Ish, did they put any rebar in your leg? No pics please. :D

No rebar. I think there's a couple of stainless plates.

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Such an easy mistake to make with electronic navigation. I've had a very close call from being zoomed in so much that the evil rocks were outside the screen when I went forward for a sail change. Looked up just in time.

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I almost got the rock at the Clark Island anchorage because I was zoomed too far out.

Did not know how stupid I was until 3 or 4 hours later when the rock surfaced!  My heart sank when I turned on the screen (at the proper zoom) and found my snail trail JUST to the South of the rock.

Along with being ultra paranoid, I now have a cheapo tablet sitting just above the plotter.  One screen zoomed out, the other zoomed in. Also keep a paper chart book turned to the right page.

Back in the 80's, (as a teenager) I used to single hand Panope to the SanJuans with a chart, compass, and depth sounder.  ALWAYS knew where the rocks were. 

Steve

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38 minutes ago, Panope said:

Back in the 80's, (as a teenager) I used to single hand Panope to the SanJuans with a chart, compass, and depth sounder.  ALWAYS knew where the rocks were. 

I'm kind of addicted to Navionics on the iPad, but there's something missing in always knowing exactly where you are. I miss the challenge and the ritual of navigating. 

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2 hours ago, Diarmuid said:

304 or 316L? Don't let 'em cheap out on you.

I'll check with a magnet tomorrow. I'd hate to have to swing all the compasses again.

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I'll admit I am the moron who almost hit a navigational marker because I used its GPS location as a waypoint, and proceeded to head right for it and nearly hit it square on 2hrs later.  If I hadn't been paying attention would have damaged my boat majorly.  Thankfully I noticed and went to standby and turned in time.

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22 minutes ago, MauiPunter said:

I'll admit I am the moron who almost hit a navigational marker because I used its GPS location as a waypoint, and proceeded to head right for it and nearly hit it square on 2hrs later.  If I hadn't been paying attention would have damaged my boat majorly.  Thankfully I noticed and went to standby and turned in time.

Been there. 

I also kissed an uncharted rock that I was warned about 30 minutes earlier. No damage to the boat, thankfully, just to the ego (also thankfully).

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I still use GPS/Plotter assisted paper.  I try to give "popular" marks a good offset because there are a lot of people on autopilot.  Let's say my shoal draft has saved me more than once.  

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Maui, you navigation setup got me through the channel into Safeharbor at sundown with 2’ depth on either side of the narrow passage with a few small fishing boats and crabbers in the way. I trusted the electronics over visual and it worked as advertised. I did not want to harm your boat or my “reputation”.

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6 minutes ago, Sail4beer said:

Maui, you navigation setup got me through the channel into Safeharbor at sundown with 2’ depth on either side of the narrow passage with a few small fishing boats and crabbers in the way. I trusted the electronics over visual and it worked as advertised. I did not want to harm your boat or my “reputation”.

Yea, we have found her position on the chart to be spot on.  Really helpful on our Maine adventure, as long as I don't mow down navigational buoys.  :D

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On 7/26/2021 at 6:08 PM, Ishmael said:

I would need the right peg option. However, I'm going with meat as long as I can.

The season was looking kinda iffy anyhow with smoke and water shortages all over, but I would have preferred to have the choice. Thanks for the thoughts. It's very smoky here, BTW.

 

You need the kind like Captain Barbossa had, with a reservoir for rum.

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20 hours ago, Sail4beer said:

Im teaching this old salt a new trick. He’s a good learner.

CA575A9C-1733-4A30-BFB1-2878FFDC1E75.jpeg

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AE909FE6-A9E3-48FD-83F0-59D6962F054A.jpeg

Is there a lazarette aft of the lazarette?

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He’s sitting in the aft lazarette, which is quite shallow. I’ll take some good pics including the Spartan interior after this tropical storm blows through in the next few days. The cover and frame comes off Monday.

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On 8/18/2021 at 9:54 AM, Sail4beer said:

He’s sitting in the aft lazarette

The aft lazarette, which must be aft of the lazarette. Remarkable. But I love long after decks.

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Extended the mast 3 feet, new standing and running rigging being completed today for stepping.

Is it obvious that I love working on sailboats all day?!

59AA0308-8C93-4D87-94BA-6B0EBD5C80F6.jpeg

F79E9076-9235-44B1-8B84-C0BC4F48A84A.jpeg

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On 8/17/2021 at 8:24 AM, MauiPunter said:

I'll admit I am the moron who almost hit a navigational marker because I used its GPS location as a waypoint, and proceeded to head right for it and nearly hit it square on 2hrs later.  If I hadn't been paying attention would have damaged my boat majorly.  Thankfully I noticed and went to standby and turned in time.

Back in 2007 I was working for one of the best yacht yards on the Gulf Coast and before I even punched the time clock one morning I was told to get ready for some water mitigation on a big (64') sportsfisherman that had hit the jetty at our inlet from the Gulf during the night. There was a big fishing tournament coming up on the weekend and a boat had left Destin heading to Perdido Pass after a late night of partying. They had entered a waypoint published laminated 'placemat' chart of a mark located on the west end of a rock breakwater/jetty that provided some protection to the pass itself. Instead of using the seabouy position about a half mouth south as their destination. The skipper punched in the numbers on the chart plotter and slaved the autopilot to the nav system and told the mate to keep watch and headed for his cabin. 

    They were steaming just off the beach at about 26 knots or so and I guess the mate had a couple more Red Bull and Fireballs and the alcohol outweighed the jumping juice in the Redbull and he took a nap in the salon himself. About a 50 mile run and just before dawn the GPS and Autopilot were spot on and they hit the rocks and actually jumped the jetty or it would have hit the nav marker (seen in photo) red right returning. They soon flooded and grounded on the sandbar just inside the jetty and the Marine Police noticed the boat at shift change just about dawn. The Marine Police docks were only about a half mile away and in clear sight and when they arrived they found the captain and mate nearly at blows and the very expensive boat flooded up to about settee height in the salon. Both guts were still drunk out of their minds and were arrested before they could do any more damage to the boat or themselves. Boat US and a commercial tug arrived and with some airbags in the below decks accommodation and some big crash pumps got the boat free from the sandbar and they towed it to our waiting Travel Lift. We soon had it hauled out and had our whole staff crawling all over the boat with power washers, dehumidifiers, ect and the insurance people were under the boat just amazed that the whole bottom hadn't been ripped out by impact on the huge boulders of the jetty. Props were toast and the shafts bent slightly with spiral score marks around the 3" monel shafts and the struts were dislodged but still keeping most water out. One side looked like it could have still functioned to get the boat to a slip or our facility if the Capt and crew were not duking it out. As an interior joiner/carpenter, my task was to pull down all the faux suede and faux leather upholstery, wall and overhead linings and flush with fresh water. We were told to avoid the bar area in the salon and the captain and crews cabins below and soon the USCG and insurance investigators were looking for evidence on how such a screw up had occurred. The most telling thing was the setups for the bar (liquor, mixers and Redbull) and the sad little GPS placemat and some rolled up $20 bills with what surely wasn't evaporated sea water dust still evident. 

     Late in the afternoon the local cops pulled up with the first mate in the back seat and I was told to escort him to his quarters on the boat an allow him to collect his personal belongings as they were releasing him from custody. I couldn't help but feel sorry for the poor guy but the skipper was the ultimate responsibility and he didn't get out of jail for days. Pretty sure he lost his CG license and is probably a busboy at Margaritaville resort over in Pensacola after that stunt. 

    After all the initial effort our crew put into the 'mitigation' I was amazed that after two days, no effort had been made to 'pickle' the huge Stewart and Stevenson Detroit Diesels and the boat just got locked up and remained so for months while the insurance companies and owner sorted things out.  Motors, generators, HVAC and electronics just sat and were useless within a week and surprisingly the boat sold at auction a few months later. Some temporary patches on the bottom and the boat was towed to a commercial yard in Pensacola where I inspected closely the bottom damage and was going to bid on the repair until I realized what a jerk the new owner was. 

UH1d8-Clu0BMIgGIeQF-uuZt_1j6pbBi4s4pdD9oeYA.jpg?auto=webp&s=a463c65fb05f0dabb5d3a9680c1cbc59aae9ae0a

 

    Moral of the story is, "Don't use GPS locations of stakes and markers for actual waypoint destinations, especially if taken from a tourist souvenir placemats!"

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On 8/29/2021 at 5:42 AM, Matagi said:

Or on the rollercoaster. Yipiiiiieee.

rollercoaster2.thumb.JPG.6815e80cbf6103a17626a9841f7999d4.JPG

So that's not a, "Knock the last chock out and let her rip", kinda slipway, right? ;-)

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26 minutes ago, TwoLegged said:

That wonderful Florida Man story reminds me again of why the world needs @Rasputin22 to write a book.

Clean,

  Can you translate this?

 

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION NEW HAMPSHIRE INSURANCE ) COMPANY, ) ) Plaintiff, ) ) v. ) CIVIL ACTION 09-0489-WS-B ) WIREGRASS CONSTRUCTION CO., ) ) Defendant. ) ORDER This matter is before the Court on the plaintiff’s motion for leave to file sur-reply, (Doc. 71), and on its supplemental motion for leave to file sur-reply. (Doc. 73). The defendant has responded to both motions, (Docs. 72, 75), which are ripe for resolution. As set forth in more detail elsewhere, the plaintiff (“New Hampshire”) issued to Blue Water Offshore, LLC (“Blue Water”) a policy of insurance on the Tar Baby. While being captained by James Cooper, an employee of the defendant (“Wiregrass”), the Tar Baby ran aground and was heavily damaged. New Hampshire brought a declaratory judgment action against Blue Water, as a result of which Blue Water received a judgment of $1.75 million under the policy. New Hampshire brought this action against Wiregrass, asserting that it is subrogated to the interest of Blue Water. Count I seeks recovery from Wiregrass, as Cooper’s employer, based on Cooper’s fault. Count II seeks recovery from Wiregrass based on its own fault in entrusting the Tar Baby to Cooper. Count III seeks recovery from Wiregrass based on its fault in hiring, training, supervising, managing and/or instructing Cooper. (Doc. 6 at 3-6). Wiregrass has now filed a motion for partial summary judgment directed to Count I. (Doc. 64). Its supporting memorandum argues that New Hampshire cannot assert a New Hampshire Insurance Company v. Wiregrass Construction Company, Inc. et al Doc. 76 Dockets.Justia.com [2] right of subrogation against Cooper because Cooper is an insured under the policy. Cooper is an insured, Wiregrass argues, because he was a “captain or crew who work on your yacht” within the policy language. (Doc. 65 at 1-3). Wiregrass further argues that New Hampshire cannot be vicariously liable for Cooper’s fault under Count I because vicarious liability cannot apply when the employee is not liable. (Id. at 3-5). In its response, New Hampshire first argues that Wiregrass’ motion is premature under Rule 56(f). (Doc. 68 at 6).1 New Hampshire next questions whether Wiregrass’ cases actually establish a rule precluding subrogation against an insured. (Id.). New Hampshire then argues that the policy language on which Wiregrass relies does not constitute Cooper an insured. (Id. at 7-8). New Hampshire next argues that the policy excludes coverage for the subject loss on the grounds that the vessel was not being used for “private pleasure purposes” only. (Id. at 8-10). Finally, New Hampshire argues that the law cited by Wiregrass does not preclude its vicarious liability even if Cooper was covered under the policy. (Id. at 10-15). In its reply brief, Wiregrass argues that New Hampshire has not shown itself to be entitled to relief under Rule 56(f). (Doc. 70 at 2-5). Wiregrass next argues that New Hampshire is judicially estopped to deny that Cooper is an insured because of statements it made in the declaratory judgment action. (Id. at 6-7). Wiregrass also provides additional argument concerning its “captain or crew” argument, including a rebuttal of New Hampshire’s interpretation. (Id. at 5, 8). Wiregrass then responds to New Hampshire’s “private pleasure purposes” argument. (Id. at 9-11). Finally, Wiregrass defends its use of authorities for the proposition that Wiregrass cannot be vicariously liable if Cooper is not liable and challenges the authorities and argument on which New Hampshire relies to contest Wiregrass’ position. (Id. at 12-14). 1 Shortly before New Hampshire filed its response, Rule 56(f) was modified and renumbered as Rule 56(d). [3] By its pending motions, New Hampshire seeks leave to: (1) address judicial estoppel; (2) further support its Rule 56(f) argument; (3) demonstrate that the antisubrogation rule does not apply when there is an exclusion from coverage; and (4) introduce evidence from Wiregrass’ 30(b)(6) deposition. There is no question but that Wiregrass first asserted judicial estoppel in its reply brief. District courts, including this one, ordinarily do not consider arguments raised for the first time on reply.2 Wiregrass asserts it did not violate this rule but merely responded to New Hampshire’s position that Cooper is not an insured. (Doc. 72 at 4). But New Hampshire was merely responding to Wiregrass’ contention that Cooper is an insured. As the movant, Wiregrass was required to address in its principal brief all the reasons it claims Cooper is an insured; it was not at liberty to articulate one such reason (its interpretation of policy language) in its principal brief and then raise a second such reason (New Hampshire has admitted Cooper is an insured) in its reply. Judicial estoppel was improperly raised on reply, and the argument will not be considered in resolving the motion for partial summary judgment. There is thus no need for a sur-reply to address judicial estoppel.3 2 See Park City Water Authority v. North Fork Apartments, L .P., 2009 WL 4898354 at *1 n.2 (S.D. Ala. 2009) (citing cases from over 40 districts applying the rule in 2009 alone). The Eleventh Circuit follows a similar rule. E.g., Herring v. Secretary, Department of Corrections, 397 F.3d 1338, 1342 (11th Cir. 2005) (“As we have repeatedly admonished, arguments raised for the first time in a reply brief are not properly before a reviewing court.”) (internal quotes omitted). The Court has identified some of the reasons supporting the rule. “In order to avoid a scenario in which endless sur-reply briefs are filed, or the Court is forced to perform a litigant’s research for it on a key legal issue because that party has not had an opportunity to be heard, or a movant is incentivized to save his best arguments for his reply brief so as to secure a tactical advantage based on the nonmovant’s lack of opportunity to rebut them, this Court does not consider arguments raised for the first time in a reply brief.” Hardy v. Jim Walter Homes, Inc., 2008 WL 906455 at *8 (S.D. Ala. 2008). 3 This is not the first time that Wiregrass has inserted a new argument on reply. (Doc. 35 at 4, 7). Although it could respond to this practice by allowing a sur-reply, (id. at 7 n.4), the (Continued) [4] Relief under Rule 56(f) is defensive, and Wiregrass was not required to anticipate the argument in its principal brief. The burden was on New Hampshire to raise and support its request for such relief in its responsive brief, and Wiregrass was entitled to challenge New Hampshire’s position in its reply brief. That New Hampshire disagrees with Wiregrass’ position does not provide grounds to offer tardy support for its argument that it omitted from its response. The same can be said of New Hampshire’s discussion of the “private pleasure purposes” exclusion to coverage. Wiregrass was not required to address this argument before it was raised, and New Hampshire was required to address it thoroughly in its response, knowing that Wiregrass, as the movant, would have the last word in its reply. New Hampshire in its response nevertheless cited no law for the proposition that an exclusion from coverage precludes application of the anti-subrogation rule. Indeed, it did not even articulate this as the point of its discussion of the exclusion. New Hampshire now “requests an opportunity to respond and show that applicable law provides that the antisubrogation rule does not apply where … exclusions render coverage inapplicable.” (Doc. 73 at 2-3). It is too late now for New Hampshire to make the argument and provide the authority it should have submitted in its response. The motion for partial summary judgment was taken under submission on December 21. (Doc. 66 at 1). The 30(b)(6) deposition was not taken until January 5, 2011, and it is too late to submit excerpts from the deposition or argument concerning them. Any such relief will depend on the success of New Hampshire’s Rule 56(f) argument. “It is of course necessary in an adversarial process that one party have the final word, and in our system it is normally the party with the burden – the plaintiff in a civil Court concludes that this would provide Wiregrass insufficient future incentive to raise its arguments in a timely manner. [5] trial, the government in a criminal trial, the movant on most motions – that receives whatever benefit that division bestows.” Jackson v. Winn-Dixie, Inc., 2008 WL 5401641 at *1 n.1 (S.D. Ala. 2008). “[T]he very purpose of a briefing schedule is to force the parties to isolate, articulate, and support their positions, which would be undone altogether could a party file an additional brief any time it had an additional thought on the matter.” Id. at *1. Thus, “the filing of sur-replies is discouraged because of the inefficiencies inherent in an interminable thrust-and-parry debate between the parties ….” Wood v. B.C. Daniels, Inc., 2008 WL 2163921 at *1 n.1 (S.D. Ala. 2008). New Hampshire has not shown its situation to demand an exception to this rule. For the reasons set forth above, New Hampshire’s motion and supplemental motion to file sur-reply are denied. The motion for partial summary judgment remains under submission. DONE and ORDERED this 20th day of January, 2011. s/ WILLIAM H. STEELE CHIEF UNITED STATES DISTRICT JUDGE

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11 minutes ago, Steam Flyer said:

Woo-hoo! That's awesome, congrats!

FB- Doug

 

Thanks! With wind on our nose to home yesterday, I learned that this boat sails a lot closer to wind than my last one :)

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31 minutes ago, Israel Hands said:

Thanks! With wind on our nose to home yesterday, I learned that this boat sails a lot closer to wind than my last one :)

And easily so, no doubt, by the look of it.

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17 minutes ago, leuk said:

And easily so, no doubt, by the look of it.

Loving her so far! Lots to keep us busy this winter: needs cosmetic upgrades down below, and some tweaking and fiddling to make her our own. But mechanically sound and updated, and feels built like a tank. As the admiral said, yesterday was glorious, and on our old boat the first half of the day would've been rather miserable.

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15 hours ago, Israel Hands said:

My 10-days-new-to-me Nordic 44, chilling on Ocracoke this weekend.

image.png.3925e9efe1d9c684f4d671eae647f66f.png

Beautiful! How much does she draw?

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10 minutes ago, Bull City said:

Beautiful! How much does she draw?

She's the 'shoal draft' model at 5'10.  Which is 1.5' deeper than what we've sailed for the past 30 years in these waters...which has me proceeding with initial caution in the shallower areas.

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1 hour ago, Israel Hands said:

She's the 'shoal draft' model at 5'10.  Which is 1.5' deeper than what we've sailed for the past 30 years in these waters...which has me proceeding with initial caution in the shallower areas.

I was wondering about that, since I looked at a Nordic 44 listing that showed the draft as 7 feet, and I thought that was a lot for your waters.

I'm glad you're happy with her. Where was she when you bought her?

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18 hours ago, Israel Hands said:

My 10-days-new-to-me Nordic 44, chilling on Ocracoke this weekend.

image.png.3925e9efe1d9c684f4d671eae647f66f.png

Oohhh! That is a nice looking yacht right there! Good for You!!!

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1 hour ago, Bull City said:

I was wondering about that, since I looked at a Nordic 44 listing that showed the draft as 7 feet, and I thought that was a lot for your waters.

I'm glad you're happy with her. Where was she when you bought her?

N. Edisto River south of Charleston. Good trip home weekend before last with one overnight offshore, then into Beaufort Inlet and up the ICW home.

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Not sailing.

At the rigging doctor to figure out a bunch of rigging stuff (for new staysail block and sheeting locations), getting a new halyard, a preventer line spliced, some other blocks I need, a trysail track, setting up mainsail reefing lines/hardware on the new boom, etc etc etc.  And retrieving and fitting the new mainsail...and consulting with the sailmaker on other stuff. Exciting day!

”X” marks the spot.

BF5B97A7-5ABE-40CA-B6EA-AFF4A72A7370.jpeg

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2 hours ago, Jud - s/v Sputnik said:

Not sailing.

At the rigging doctor to figure out a bunch of rigging stuff (for new staysail block and sheeting locations), getting a new halyard, a preventer line spliced, some other blocks I need, a trysail track, setting up mainsail reefing lines/hardware on the new boom, etc etc etc.  And retrieving and fitting the new mainsail...and consulting with the sailmaker on other stuff. Exciting day!

”X” marks the spot.

BF5B97A7-5ABE-40CA-B6EA-AFF4A72A7370.jpeg

Are you going to put in folding padeyes to attach the block to, or leave it as a maximum toe-stubber? ;)

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2 hours ago, Ishmael said:

Are you going to put in folding padeyes to attach the block to, or leave it as a maximum toe-stubber? ;)

Actually, it was such a busy day with a hundred conversations on a bunch of topics, it stupidly didn’t occur to go with folding padeyes (even though I’m using them for another project).  Doh!  So, yeah, come to think of it, folding Wichards, for sure!  That is indeed my runway forward :-)

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Or just get a removable stand-up block. The base is very low-profile with the block removed - a bit like those old flush pad-eyes the Swans used to have. Harken makes some nice ones. 

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From our last night in Maine last month; all a matter of taste, obviously, but I was happy to think she was still the prettiest girl at the dance, even with all the hi-zoot boats at the dock.

Dolphin.thumb.jpg.9469f93224f3afd677c2dd296013e2c2.jpg

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2 hours ago, Elegua said:

Or just get a removable stand-up block. The base is very low-profile with the block removed - a bit like those old flush pad-eyes the Swans used to have. Harken makes some nice ones. 

Dyneema thru-deck with/without low-friction ring?

https://www.solosails.com/wp-content/uploads/2015/03/Ropeye-Loop-Double-Braid.jpg

Ropeye-System.jpg

Joking, but only some.

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1 hour ago, Elegua said:

Or just get a removable stand-up block. The base is very low-profile with the block removed - a bit like those old flush pad-eyes the Swans used to have. Harken makes some nice ones. 

Actually that is ideally what I want - removable stand up blocks.  I seem to recall being told by someone that stand up blocks don’t  exist that are removable.  By any chance do you know which ones?

Edit: found it!

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Just now, Diarmuid said:

Dyneema thru-deck with/without low-friction ring?

https://www.solosails.com/wp-content/uploads/2015/03/Ropeye-Loop-Double-Braid.jpg

Ropeye-System.jpg

Joking, but only some.

Pretty and cool, but I want to be pretty meticulous with anything through-deck.  I couldn’t trust that ti never leak.  Could work elsewhere though.  Cool to see all the new hardware that’s coming out.

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14 minutes ago, mgs said:

So where’d you put the gold?

Gold is nearly twice the weight of lead per volume, and is quite malleable, making it almost an ideal material for a keel. 

Since the keel weighs 10,500 lbs, it's little wonder rainbows seem to follow us around. 

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21 hours ago, Cruisin Loser said:

Gold is nearly twice the weight of lead per volume, and is quite malleable, making it almost an ideal material for a keel. 

Since the keel weighs 10,500 lbs, it's little wonder rainbows seem to follow us around. 

If you find your frosted Lucky Charms keep disappearing, I suggest rat traps on the galley counters. I've messed around with humane options

Leprechaun Traps - The Best Ideas for Kids

... but good old neckbreakers are most reliable.

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On 9/16/2021 at 3:29 PM, Diarmuid said:

If you find your frosted Lucky Charms keep disappearing, I suggest rat traps on the galley counters. I've messed around with humane options

Leprechaun Traps - The Best Ideas for Kids

... but good old neckbreakers are most reliable.

Hate hate hate those little bastards. The yard has trapped several trying sneak into the secure storage site to whittle chunks off the keel in winter. Standing orders are "into the fire". 

My kid's inheritance is in that keel, they get pretty worried when we venture offshore. B)

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19 minutes ago, Cruisin Loser said:

Hate hate hate those little bastards. The yard has trapped several trying sneak into the secure storage site to whittle chunks off the keel in winter. Standing orders are "into the fire". 

My kid's inheritance is in that keel, they get pretty worried when we venture offshore. B)

Apropos of nothing, does your boat have an AIS transceiver?

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On 9/15/2021 at 7:01 PM, Cruisin Loser said:

Gold is nearly twice the weight of lead per volume, and is quite malleable, making it almost an ideal material for a keel. 

Since the keel weighs 10,500 lbs, it's little wonder rainbows seem to follow us around. 

As you can see, TONIC now has solid gold battery to go with her new pod drive:

953138155_Tonicwithpoddrive.thumb.jpg.8a27c395e6e32a5ab3c5d0fd3718bb02.jpg

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Congratulations on the install! You looked like you got what you need. Now all you may have to do is to add some/shift some ballast forward if the Hboat sits aft on its lines.

Either way, you’re looking good!!!

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1 hour ago, Bull City said:

As you can see, TONIC now has solid gold battery to go with her new pod drive:

953138155_Tonicwithpoddrive.thumb.jpg.8a27c395e6e32a5ab3c5d0fd3718bb02.jpg

Jealous, Jealous, Jealous, Jealous

Forget the battery for a moment, I really like the boat. :D

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