HARRISBURG — A yacht owner is suing Aweigh All Boats LLC and The Marine Specialists of Florida, boat and yacht delivery service company and marine surveyor, citing alleged breach of contract and negligence.
James McElroy filed a complaint on Nov. 14 in the U.S. District Court for the Middle District of Pennsylvania against the defendants, alleging that they failed to properly inspect and operate the vessel.
According to the complaint, the plaintiff alleges that on April 2 he contracted The Marine Specialist for a pre-purchase assessment of the marine vessel "Seas the Day," a 2000 Silverton 442 Motor Yacht. Relying on the Marine Specialists' inspection report, he then contracted Aweigh All Boats to transfer the vessel from Clearwater, Florida, to Owens Marina in Perryville, Maryland, and left Clearwater on April 18. On April 22, the engine lost all power and stalled, the suit says.
The plaintiff holds Aweigh All Boats LLC and Marine Specialists of Florida responsible because the defendants allegedly had a duty of care to safely and prudently inspect, and operate and transport the vessel, respectively. The Marine Specialists forgot to put back the engine's oil cap during its survey and Aweigh All Boats conducted an inspection prior to its departure, the suit says.
The plaintiff requests a trial by jury and seeks an amount in excess of $75,000 plus costs, disbursements, attorneys' fees, and interest. He is represented by David Makara and Nathaniel Flandreau of Davis Bucco in Conshohocken.
The U.S. District Court for the Middle District of Pennsylvania Case No. is 1:18-cv-02205-SHR.