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Default The sinking of Larinda

Saw this in another newsgroup.....

http://novascotia.cbc.ca/regional/se...dasuit20040721
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The American captain of the Juan-sunk ship Larinda has filed suit
against the Canadian Naval Memorial Trust, managers of the historic
vessel HMCS Sackville, charging that the Sackville caused the Larinda to
sink.

Quote from above linked article:

"Wolverine Motor Works Shipyard claims the Canadian Naval Memorial
Trust, which manages HMCS Sackville as a floating museum at a permanent
docking spot in Halifax, was negligent in not moving it to a safer
mooring before the hurricane struck."

Excuse me? There are two questions that must be asked about this lawsuit
and how it can proceed:

1) Since the Larinda was moored alongside the *permanent* docking spot
of the Sackville, how can they charge that the Sackville was in the
wrong place? Would it not be the Larinda that was in the wrong place?

2) If the docking spot was good enough for the Larinda, how in the world
can they claim that it was negligence leaving the Sackville there?
Wouldn't it be self negligence having left the Larinda in the same
docking spot?

Anyone more familiar with the law please comment! I'm really confused as
to how such a lawsuit could ever see the light of day. If this one
succeeds, there is something wrong.

Oh, and I'm taking bets that the HMCS Sackville will be closed next
summer, since the non-profit organization won't be able to afford their
insurance renewal costs due to this lawsuit.


 
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