Case Evaluation

Boating Accident Verdicts: Moynihan v. Lori-Ann Fisheries, Inc.

TIMOTHY MOYNIHAN AND JAMES HANLEY V. LORI-ANN FISHERIES, INC.

Date: June 15, 2001

RESULT: $ 102,500 less 10% comparative negligence for a net verdict of $ 92,250. (verdict)

STATE: Massachusetts

FACTS: Plaintiff fishermen were fishing for tuna in international waters east of Nantucket. Their 24' bluefin tuna boat, which was owned by Plaintiff Moynihan, collided with defendant's 35' tuna boat. As plaintiffs' boat was taking on water, defendant's boat pulled alongside the capsizing boat and rescued plaintiffs. Plaintiff Moynihan's boat was declared a total loss.

Plaintiffs alleged that their boat was the privileged vessel with the right-of-way and defendant's burdened vessel failed to take appropriate measures to avoid the collision.

Defendant contended that its vessel was privileged and plaintiffs failed to take appropriate steps to avoid the collision.

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