This is why we can't have nice things....

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It's All Your Fault Department: "...The marina claimed, had the boats not been in the water at the time of the storm, the damages (to the Marina's docks) would not have occurred..."

Smooth sailing for boat owners after Southport Marina lawsuit settled

Federal lawsuit filed against Southport Marina after sticking boat owners with Isaias-related...

Federal lawsuit filed against Southport Marina after sticking boat owners with Isaias-related repair costs

Courtesy wect.com
By Michael Praats
Published: Nov. 25, 2022 at 8:58 AM PST


WILMINGTON, N.C. (WECT) - After facing demands for tens of thousands of dollars, more than 100 boat owners in Southport have settled a lawsuit with the Southport Marina -- coming as a relief those who rented slips at the docks.

In 2020, Hurricane Isaias caused major damage to the Southport Marina, but the marina had let the insurance on the docks, with the exception of the fuel dock, lapse. The lapsed insurance prompted the marina to take the unusual step of demanding the boat owners pay for the damages.

The marina claimed had the boats not been in the water at the time of the storm, the damages would not have occurred.

Ultimately, the marina and boaters took their arguments to court where the prolonged legal battle ensued between the parties involved, as well as the insurance companies.

“I believe the average demand for damage to the piers was about $20,000 per boat and the average demand for salvage was about $6,000 per boat, times I think 185 boats is how many they’ve been sent to,” said Chris Abel, a lawyer who represented around 100 boat owners who fought back against the marina’s demands.

That’s a lot of money the marina wanted to be paid, but after two years the parties reached an agreement -- and it’s a relief to the owners of the boats who not only faced damages to their property, but then had to worry about paying out thousands more for the docks they didn’t own.

“Some of the insurance companies paid a nominal amount on the salvage claims. It varied by boat and insurance company at the low end. There are some of the salvage claims for which the Marina got no money at all, at the high end, a couple of $100 is the most that the Marina got for any boat,” Abel said.

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Earilier:

By Ann McAdams
Published: Jul. 28, 2022 at 8:22 AM PDT|Updated: Jul. 28, 2022 at 9:19 AM PDT

SOUTHPORT, N.C. (WECT) - A major portion of the lawsuit pursuing damages against boat owners at Southport Marina has been dismissed. The marina suffered catastrophic damage when Hurricane Isaias roared ashore in Brunswick County in August 2020. The docks came apart, and more than 100 boats moored at the Southport Marina were set adrift in the wake of the storm.

In an unwelcome surprise to boat owners who had already suffered extensive damage to their boats, the marina informed them they were responsible for millions in damages to the docks. The marina owners reasoned that the boats, and not the storm, were responsible for the damage to the docks. On average, each boat owner was told they owed $20,000, with the suggestion that they file a claim for damages with their insurance companies.

The majority of the boat owners pushed back and filed suit against the marina owners in federal court.

Then, last month, the Southport Marina was sold to a Charlotte-based firm. Following the sale, the marina’s old owners made the decision drop the claim against boat owners for damages to their facilities.

The old marina owners are still pursuing salvage claims against individual boat owners, trying to recoup payment for retrieving boats that were set adrift when the docks failed. While that amounts to far less potential liability than boat owners were previously facing, Attorney Christopher Abel says the boat owners he represents are still pushing back. They argue their boats would not have needed to be salvaged had the docks worked as they were designed to work. Furthermore, attorneys question whether this scenario meets the definition of a true maritime salvage situation, because they say the boats were not exposed to a marine peril once the storm had passed.

Copyright 2022 WECT. All rights reserved.

Southport Marina boat owners asked to cover millions in hurricane damage to docks​


On average, each boat owner is on the hook for about $20,000, with the suggestion that they file a claim for the damages with their insurance companies.

By Ann McAdams
Courtesy WECT (wext.com)

Updated: Mar. 25, 2021 at 1:26 PM PDT


SOUTHPORT, N.C. (WECT) - It was an unwelcome surprise to boat owners, who already suffered extensive damage to their boats when Hurricane Isaias roared ashore in Brunswick County, decimating the Southport Marina. Over the last week, 185 boat owners received packets in the mail informing them they were responsible for millions in damages to the docks as a result of that August 2020 storm. On average, each boat owner is on the hook for about $20,000, with the suggestion that they file a claim for the damages with their insurance companies.

Under the terms of their contract with Southport Marina, boat owners are required to “Make arrangements for the safe mooring or removal of the Vessel on the approach of a storm and be responsible for the costs to repair of any damage caused by the Vessel to the Marina docks, piling and/or other boats.” The vast majority of boat owners left their boats at the marina as Hurricane Isaias approached, although many took time to secure their boats for the anticipated conditions.

“Well, as in prior hurricanes, we – most of us, almost all of us, moored our boat to the dock, double tied it,” said boat owner John Geddie of the preparations they made that have been sufficient during previous storms. Geddie noted their options to move the boat elsewhere were extremely limited. “All the rest of the marinas within 100 miles that way or this way were full.”
While the marina had weathered previous storms without significant issues, Hurricane Isaias was different. Although a Category 1 storm, Isaias came ashore during a full moon and a rising tide, which combined to create a devastating storm surge for south facing beaches in Brunswick County.

Robin Rose, who manages the parent company of Southport Marina, said the cost to repair damages to the marina exceeded six million dollars. While the fuel and transient docks were insured by Southport Marina, the other docks were not. Rose said that’s because boat owners are required to insure those docks under the terms of their contract.
Southport Marina hired Andrew Consulting Engineers to assess the cause of the mooring system failure that left boats and docks piled on top of one another at the marina in the wake of the storm.

“If the vessels had vacated the marina, the pilings would not have been overstressed with the storm conditions, and the marina mooring system would not have failed,” Engineer Neal Andrew concluded. “In our professional opinion, the mooring system met industry standards.”
But Geddie and other boat owners are pushing back.

“The engineer said the reason that the docks failed is that there were boats in the marina, and said had there been no boats in the marina that the docks wouldn’t have failed. But a marina is to hold boats. So it was kind of a silly argument,” said Geddie, who also happens to be a retired maritime attorney. He thought that the letters from Southport Marina were just the first step in the negotiation process between insurance companies hoping to get the other company to cover the damages.

“I passed the documents I received onto my insurance company and advised everybody else to do so,” Geddie said.

Several boat owners also think that recent dredging near the marina weakened the piling system supporting the docks, contributing to the damage. Southport Marina managers dispute that theory.

Rose indicated that some of the boat owners’ insurance companies had already begun processing the claims. He noted that 23 owners removed their boats from the marina before the storm and did not receive letters that were sent to the other 185 boat owners notifying them of their liability for damage to the marina.

In addition to the demand for damages, the marina has also passed along salvage costs they incurred to the boat owners. Boat owners we spoke to were assessed about $3,000 each for the cost of having their boats towed after the storm. Geddie said under salvage law, boat owners must give their consent to have the boats towed.

“You have to have the consent of the boat owner, and no one asked for consent, ever,” Geddie explained, adding that he already paid another company to have his boat towed after the storm. “[All the boat owners] on our Facebook page were going back and forth about how crazy this is.”
Copyright 2021 WECT. All rights reserved.
 
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SloopJonB

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Every time I see a reference to those Santa Ana winds I think of this bit of Raymond Chandler;

“There was a desert wind blowing that night. It was one of those hot dry Santa Anas that come down through the mountain passes and curl your hair and make your nerves jump and your skin itch. On nights like that every booze party ends in a fight. Meek little wives feel the edge of the carving knife and study their husbands' necks."​

 

Talchotali

Capt. Marvel's Wise Friend
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The audio on the video is amusing...

Your Navy

Two Navy ships just got too close for comfort in San Diego Bay​

By Geoff Ziezulewicz (courtesy of the Navy Times)

Nov 29, 05:38 PM

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The Navy is investigating how two ships nearly collided Tuesday in San Diego Bay. (Screenshot/Twitter)

The Navy is investigating what led to two service ships nearly colliding Tuesday in San Diego Bay.

The purported close call involved the guided-missile destroyer Momsen and the dock landing ship Harpers Ferry.

Officials did not confirm precisely what time the incident occurred Tuesday, but a video of the encounter was posted to Twitter at about 10:30 a.m. Pacific Standard Time by the @SanDiegoWebCam account.




“Warship Chicken in San Diego Bay,” the text accompanying the video states.

The video shows Momsen and Harpers Ferry headed straight toward each other before each ship turns left.



The footage also appears to include audio of the ship’s crews communicating their moves.

While the ships were transiting in opposite directions “in close vicinity” Tuesday, both ships maneuvered to safety, according to U.S. 3rd Fleet spokesman Lt. Samuel Boyle.

There were no injuries or damage to the ships, he said.
 

Talchotali

Capt. Marvel's Wise Friend
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Vancouverium BC
I note that the pictured Boat A does not match Boat B; I've asked for clarification. Lovely skyline shots though.

Courtesy of the West Seattle Herald:

UPDATE: Boat abandoned at Don Armeni boat launch sinks (again and again)​





Seattle Fire emergency responders were tending to a boat that had been abandoned at the Don Armeni Boat Launch on Christmas Eve.

Photo by Patrick Robinson

Sun, 12/25/2022

Update 9:45am Dec. 25

The sailboat that has been tied up to the finger pier at Don Armeni boat launch has sunk yet again. It represents a navigation hazard and obviously blocks others from docking there. Seattle Fire Department people and according to neighbors even members of the Coast Guard were seen to have come down to have a look. The boat was pumped out last night but overnight sank again. There's no official word as yet on what might be done but typically the city hauls them out of the water (sometimes with help from the SPD dive squad to attach a line) and then loads them on a flatbed truck. That has not happened as yet.

sunken boat
The sunken sail boat at Don Armeni as of Christmas morning. Reader photo
Original Post Dec. 24

A 22 foot sailboat called Little Brother, last registered in 2020, was abandoned at the Don Armeni boat launch on Dec. 14. It did not draw much attention despite the fact that it went underwater yesterday.

A neighbor across the street said, "I saw a guy leave it there 3 weeks ago. He never came back! It's been sitting there ever since. It sank once, yesterday. Then resurfaced this morning at 2am"

But once it sank a second time it prompted a call to 911 and more than 10 units responded but quickly "code greened" once it became clear no one was on board.

Emergency responders nonetheless brought a pump to the scene and pumped the water out.

The neighbor further explained, "I watched him leave the lot with trailer at a high rate of speed! It was strange."

The craft was last registered in 2020 and is most likely stolen the neighbor speculated.

This isn't the only boat abandoned in the area recently. A larger sailboat, allegedly abandoned by a local drug dealer was tied up south of Salty's on Alki a few weeks ago. It was not securely moored and the person who tied it up had been arrested on warrants as part of a major drug bust according to neighbors who saw the arrest take place. That boat was not attended to and subsequently took on water and remains sunk about 30 feet deep.

pirate boat
An abandoned sailboat that was tied up near Salty's on Alki has sunk and remains underwater. Photo by Patrick Robinson

It can cost over $10,000 to properly dispose of a boat that is no longer in working order. Some owners are choosing to abandon them instead; causing big problems for marina managers and the environment.
 

Talchotali

Capt. Marvel's Wise Friend
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Vancouverium BC

Sailboat stuck under Dania Beach Boulevard bridge



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Courtesey: 7 NEWS WSVN
JANUARY 3, 2023

DANIA BEACH, FLA. (WSVN) - There was trouble on the water in South Florida after a sailboat got stuck under the Dania Beach Boulevard bridge over the Intracoastal Waterway.

Video here:


The drawbridge was forced to stay up, which backed up traffic on the roadway, Tuesday afternoon.

Tow boats freed the vessel from the bridge, allowing the roadway to reopen.
Its mast was badly bent after colliding with the bridge.
 
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Talchotali

Capt. Marvel's Wise Friend
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Vancouverium BC

High Winds Send Sailboat Aground in Santa Barbara

Courtesy of the Santa Barbara Independent
Boat Was Abandoned; Harbor Patrol on Scene
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Credit: Sarah Sinclair
Wed Jan 04, 2023 | 9:16am
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Credit: Sarah Sinclair
Easterly winds kicking up in advance of Wednesday’s predicted storm were strong enough to drag the Norma Zane‘s anchor and fling her onto Santa Barbara’s East Beach early this morning. The Indy‘s advertising director Sarah Sinclair happened to be there and captured the scene in photos.
The boat ran aground at around 6:40 a.m., and the Harbor Patrol had arrived by 7:15 a.m., Sinclair said, putting up signs to warn people away from the unstable boat. The gusty winds were blowing the tops off the waves, she noted, though it was calmer in town.
Erik Engebretson, a supervisor with the Harbor Patrol, said no one was on board when the Norma Zane reached the beach. The Harbor Patrol knew who was living aboard, however, and had advised them and all the boats at anchor and in the mooring area off Stearns Wharf to come into the harbor. Many often take their chances and remain at sea. Another sailboat ran aground at Butterfly Beach yesterday.
 
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Vieux Port

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Well-loved boat now likely faces the crusher.

The dilemma of when a family has to pass on the boat of a departed sailor.

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Transport Canada investigating abandoned sailboat at Bayfront Park​

By Alex Last
Courtesy CHC www.chch.com
January 6, 2023, 8:24 pm
For several months now, a sailboat has been abandoned in the waters off of Bayfront Park in Hamilton.
The vessel called Kraken has been tied to a rock, floating just offshore, in a popular area for walking.
The late doctor Patrick O’Boyle Kelly owned the Viking 28 sailboat, Kraken, for about forty years. His son, Daniel O’Boyle Kelly says, “he did win the Club Championship which had eluded him for so many years.”
Daniel says the Belleville-based doctor sailed the Kraken to a Bay of Quinte Yacht Club Championship in 2011, and won a string of other races before his death in 2019 at the age of 91, building on the Kraken’s history of winning races in the 1980s.
Daniel says the last time Kelly skippered the Kraken was with him, during the 50th running of the Katie Gray Regatta in 2018, securing third place at the age of 90 while also battling Parkinson’s. It ended up being the last time kelly would ever sail.
After that Daniel says he sold the Kraken to a young couple in Toronto before it changed hands at least one more time, eventually becoming a minor maritime mystery in Hamilton, arriving several months ago in Bayfront Park, abandoned.
“It’s a bit shocking that the boat itself after a long history with our family… that its ended up this way in the state it’s in,” Daniel said.
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A search of the federal government’s online vessel registry returned no results tied to what appears to be the registration number on the side of the boat. A search for vessels named Kraken returned several results but none appear to be this boat.
Hamilton police say despite the lack of an active registration, they have identified and contacted the last owner who they say is unable to have the boat removed.
John Morris of Canadian Yachting Onboard says the owner may have had difficulty disposing of it or selling it, despite estimating its worth at under $5,000.
“Very, very hard to scrap a boat, they’re fiberglass, they’re plastic you know… which means both that some boats are being abandoned and other boats are becoming bargains for the people who know to buy them,” Morris said.
Police alerted the coast guard about the Kraken sparking an investigation that determined the boat is in relatively good shape, not listing, protected from bad weather, and in shallow waters, meaning it is not considered a vessel of concern.
The coast guard says there is a dispute over who is responsible for the abandonment,
telling CHCH News that Transport Canada is now conducting its own investigation.
 

Talchotali

Capt. Marvel's Wise Friend
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Vancouverium BC
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Rare Appearance of the Sacred Falls of the Harmony of the Seas

Rolling moment and high deck pools. One source says a "hard-a-port" was telegraphed to avoid a small raft, and another source says it was a small sailboat. Lifelines apparently strained out pool swimmers from falling death.

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Must watch on YouTube due to restriction (click on link)

 
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Talchotali

Capt. Marvel's Wise Friend
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Vancouverium BC
.
Truck Crashes into Bay’s Oldest Skipjack at Bulkhead, Driver Charged

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A pickup truck badly damaged the National Historic Landmark's stern. Photo: Kevin Smith, Sr.


Truck Crashes into Bay’s Oldest Skipjack at Bulkhead, Driver Charged​

Courtesey of the Bay News

The Chesapeake Bay’s oldest surviving skipjack—a National Historic Landmark—is badly damaged after a vehicle parked near the bulkhead crashed right onto its stern.

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The historic sail-powered skipjack Rebecca T. Ruark, built in 1886, will not be going out dredging oysters in January this year thanks to a freak accident at its Tilghman Island dock.

On Dec. 27, the driver of a 1997 Chevrolet pickup truck ran through a piling at Dogwood Harbor on Tilghman Island where the boat was tied up and landed onto the starboard portion of the stern. St. Michaels Fire Department members were dispatched to reports of a “vehicle into bulkhead into boat”.

Wade Murphy III, whose father Wade Jr. owns the boat, told us the truck’s driver is lucky that the vehicle came to a stop on the skipjack because if he had gone in the water he could have “drowned or froze to death.”

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Perp

Charles Riggs of Salisbury, Md. is charged with driving under the influence. Photo: Talbot County Sheriff’s Office

Talbot County Sheriff’s Deputies identified the driver as Charles Arthur Riggs, 45, of Salisbury, Md. A sheriff’s department spokesman tells us deputies “detected signs of alcohol impairment” and witnesses had seen Riggs drinking at a local establishment, then driving away erratically just prior to the crash into the Rebecca T Ruark. Riggs was charged with driving under the influence.

Murphy said that the crash tore off the starboard aft corner of the boat, taking out the railing, a portion of the stern, davits, and GPS. “We are not going to know for sure what else has happened until we get her hauled,” said Murphy. “She is not leaking any worse than she was before the accident so that’s a good sign.”

Murphy said he is going to have several boat carpenters come and look at the damage and “we plan to fix her.” Riggs provided his insurance card to Murphy at the scene, said Murphy.

Wade (Wady) Murphy Jr. is the oldest skipjack captain in the Maryland oyster dredge fleet and is considered one of the most knowledgeable.

The Rebecca T. Ruark was built in 1886 at Taylor’s Island, Maryland as a sloop and is now the oldest working vessel in the sail dredge fishery. She was named to the National Register of Historic Places in 2003.

Wade Murphy III represents four generations of Tilghman Island watermen to dredge oysters under sail. He is owner and captain of the skipjack Hilda M. Willing.

“Dad has gotten some age on him so the last few years in January myself and my crew go out with him on the Rebecca and work her with him,” he said. “We will have to stay with my boat this year.”

-Larry Chowning

Video from wboc:

 
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Vieux Port

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Looking at the rended (rent /1) ends of some of the lumber of the deckhouse as displaced by the crash, the event might be fortuitous if the driver has good insurance.

Hope they fix 'er so she can sail for another 130 years.

/1 Grammarly accuses me of using archaic English it I say "rent".
 




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