This suit was totally wrong. The defendant should CLEARLY have been Atlantic Highlands Municipal Harbor, whose negligence in moving the boat to a postition that imperils the Lincoln Continental is beyond dispute. They should be responsible for damage to both the boat and the Lincoln. Their experience as operators of a marina and dock facilities means they are aware of 'acts of God', and requires they be agents for their renters that exhibit due diligence and caution to prevent this accident.
I think JM liked the plaintiff and wanted to find in hisf avour. I don't see how the defendant could lose considering that he did not put the boat there in the first place.
Here it is illegal to leave a detached trailer in the street, even if the towing vehicle is parked in front of it, no matter who left it there, or what the weather is, if its yours, not coupled to the ball, and in the street, your liable if its damaged or causes damage, there’s no "act of god" allowance because it's illegal, even an attached or coupled trailer has to be moved every 24 hours or you can be fined
@Dj4Kcia What you are talking about is negligence per se. I don't think your conclusion follows though. The reason that the law exists is not to prevent this type of accident. It doesn't automatically follow, then, that the standard of care was breached simply because it was left on the street. I think it probably was, but I don't think it follows automatically because a statute was violated.
ok well, a furller is for convenience while useing the boat during the season. Anyone who cares about their sails will remove them during the off season. Even if someone does choose to leave the sail on, after the head sail is furled in, you should let the jib sheet wrap around a couple of times and secure the furlling line so nothing can unroll. The guy with the boat seem to be one of those that let their equipment go to crap. (shouldn't own a boat)
The "Act of God" excuse should have been countered by "I don't believe in God", then what? You know what, the Defendant should go sue the Insurance Company if he can't sue the Marina.
@THEJEDEYEMASTER The Plaintiff says English, but that is an Australian accent if I ever heard one and it's the Irish who like to drink and fight ~ I know, I'm Irish and can out-drink any Brit....lol
@cbond99 You forgot to mention that no one can sing like the Irish, nor dance like the Irish, nor tell a joke like the Irish. And no one can charm like the Irish, God bless them all! I said it before, I'll say it again, never met one that didn't leave me with a smile on my face and a happy heart! :)
Because it IS an English accent, from the south of England. A lot of the convicts who populated Australia in the 18-19th centuries came from the London area (among other regions) and this influenced how the Australian accent was formed. Australian is a mix of different English accents. BTW: the Irish aren't the only ones who like to drink and fight ;-))) Try the Poles, the Russians, the Swedes, the Finns,
@THEJEDEYE She does that to show that you can't just make up percentages and "facts" as the other side can just refute it as easily if there is no actual proof to back it up. It's a my word against yours scenario that she can't take into account. She is not always as professional as she could be. Like the time she called this guy "honey" and then the guy put her in her place and told her to speak to him with respect and she threw him off the show because he hurt her deep down I guess. Classic
too bad for the european dude... tho if the ropes knots came undone i guess its his fault but what if they snapped or ripped? who do you sue the company that makes the sail, lol?
I don't get the excuse "act of God" for an insurance company to not pay a claim. Everything is an "act of God". Damn insurance companies! What good are they! I feel bad for the defendant.
the job of an insurance company is to get paid as much as possible that is y american has the worst health care then any other country the insurance companys dont pay up and they try to drop as many people as possible
@KingMeezer It has to do with whether or not someone breached the standard of care. If what caused the accident has nothing to do with the defendant, then the mere fact that his boat was the instrument of the damage doesn't mean that he is liable. He has to have done something negligent.
There are strict liability laws but they are usually limited to inherently dangerous objects (like owning a lion) or mass produced merchandise.
@KingMeezer I know... With the whole free will argument then theoretically even everything we do is an act of god so no one is covered for anything ever lol. Yet insurance premiums are still paid.
Shitty situation for the both of them. At least neither of them made themselves out to be the bad guy.
irvingklaw57 1 month ago
Defendant needs to change his insurance company.
jayci68 6 months ago 2
she is so much more patient with non-americans lol
effingya 7 months ago
This suit was totally wrong. The defendant should CLEARLY have been Atlantic Highlands Municipal Harbor, whose negligence in moving the boat to a postition that imperils the Lincoln Continental is beyond dispute. They should be responsible for damage to both the boat and the Lincoln. Their experience as operators of a marina and dock facilities means they are aware of 'acts of God', and requires they be agents for their renters that exhibit due diligence and caution to prevent this accident.
tackN2Wind 8 months ago 8
lol! love the aussie in the audience! .....mate!
darepow 8 months ago
Please, Mr Announcer, no more sailing puns.
E2theSamps 9 months ago
I think JM liked the plaintiff and wanted to find in hisf avour. I don't see how the defendant could lose considering that he did not put the boat there in the first place.
Imogen1885 9 months ago 2
Douche Plaintiff.
SpencerB760 11 months ago
Here it is illegal to leave a detached trailer in the street, even if the towing vehicle is parked in front of it, no matter who left it there, or what the weather is, if its yours, not coupled to the ball, and in the street, your liable if its damaged or causes damage, there’s no "act of god" allowance because it's illegal, even an attached or coupled trailer has to be moved every 24 hours or you can be fined
Dj4Kcia 11 months ago
Comment removed
teoeo 11 months ago
This has been flagged as spam show
@Dj4Kcia What you are talking about is negligence per se. I don't think your conclusion follows though. The reason that the law exists is not to prevent this type of accident. It doesn't automatically follow, then, that the standard of care was breached simply because it was left on the street. I think it probably was, but I don't think it follows automatically because a statute was violated.
teoeo 11 months ago
ok well, a furller is for convenience while useing the boat during the season. Anyone who cares about their sails will remove them during the off season. Even if someone does choose to leave the sail on, after the head sail is furled in, you should let the jib sheet wrap around a couple of times and secure the furlling line so nothing can unroll. The guy with the boat seem to be one of those that let their equipment go to crap. (shouldn't own a boat)
dfredrich 1 year ago
Is this the foreign edition of The People's Court?
effingya 1 year ago
The "Act of God" excuse should have been countered by "I don't believe in God", then what? You know what, the Defendant should go sue the Insurance Company if he can't sue the Marina.
interesting29 1 year ago
I don't like the "watch this" she does..quite retarded as she sets it up for the other side, which of course will say no. Stop it milian!
he said 30 years, then when curt spoke to him he said 25 years, and caught himself, then continued with 25-30 years..
the plaintiff is very likable..those brits know how to have fun. they also know how to get drunk and fight as well, but that's a different issue.
THEJEDEYEMASTER 1 year ago
Comment removed
cbond99 1 year ago
Comment removed
cbond99 1 year ago
@THEJEDEYEMASTER The Plaintiff says English, but that is an Australian accent if I ever heard one and it's the Irish who like to drink and fight ~ I know, I'm Irish and can out-drink any Brit....lol
cbond99 1 year ago
@cbond99
Yea, my brother lives in ireland. beautiful place, such a shame the economy is bust.
THEJEDEYEMASTER 1 year ago
@cbond99 You forgot to mention that no one can sing like the Irish, nor dance like the Irish, nor tell a joke like the Irish. And no one can charm like the Irish, God bless them all! I said it before, I'll say it again, never met one that didn't leave me with a smile on my face and a happy heart! :)
soxbox1 11 months ago
@soxbox1 True.......
cbond99 11 months ago
Because it IS an English accent, from the south of England. A lot of the convicts who populated Australia in the 18-19th centuries came from the London area (among other regions) and this influenced how the Australian accent was formed. Australian is a mix of different English accents. BTW: the Irish aren't the only ones who like to drink and fight ;-))) Try the Poles, the Russians, the Swedes, the Finns,
Rheinhart1 5 months ago
@THEJEDEYE She does that to show that you can't just make up percentages and "facts" as the other side can just refute it as easily if there is no actual proof to back it up. It's a my word against yours scenario that she can't take into account. She is not always as professional as she could be. Like the time she called this guy "honey" and then the guy put her in her place and told her to speak to him with respect and she threw him off the show because he hurt her deep down I guess. Classic
Heidebaw 11 months ago
@Heidebaw
You're absolutely right. I guess woman have ego's too ;)
THEJEDEYEMASTER 11 months ago
Sounds like the judge just set new precedent for what to do with your sails over the winter.
brimacki 1 year ago
too bad for the european dude... tho if the ropes knots came undone i guess its his fault but what if they snapped or ripped? who do you sue the company that makes the sail, lol?
teflondon91 2 years ago
He should be suing the Marina. The owner didn't even know where they moved the boat.
teflondon91 2 years ago
ya but they have a contract that says they cant be sued so thats y the defendent is being sued
kazooga1234 1 year ago
I don't get the excuse "act of God" for an insurance company to not pay a claim. Everything is an "act of God". Damn insurance companies! What good are they! I feel bad for the defendant.
KingMeezer 2 years ago 15
the job of an insurance company is to get paid as much as possible that is y american has the worst health care then any other country the insurance companys dont pay up and they try to drop as many people as possible
kazooga1234 1 year ago
@KingMeezer It has to do with whether or not someone breached the standard of care. If what caused the accident has nothing to do with the defendant, then the mere fact that his boat was the instrument of the damage doesn't mean that he is liable. He has to have done something negligent.
There are strict liability laws but they are usually limited to inherently dangerous objects (like owning a lion) or mass produced merchandise.
teoeo 11 months ago
@KingMeezer I know... With the whole free will argument then theoretically even everything we do is an act of god so no one is covered for anything ever lol. Yet insurance premiums are still paid.
AngelicPhantom 3 months ago
Comment removed
vampiregothchickpoet 2 years ago
tough case
stollensecret 2 years ago
I thought the plaintiff was an Ozzie.
HollyApple777 2 years ago