"basskisser" wrote in message
ps.com...

JimH wrote:
"basskisser" wrote in message
oups.com...

Calif Bill wrote:
http://www.oregonlive.com/search/ind...?ylccsd&coll=7

Hope the judge awards damages to the boat owner.

What damages?


Punitive.

Maybe. That's speculative. As of yet, he's not been harmed: Notice the
last sentence below.

From
http://www.lectlaw.com/def/d006.htm

DAMAGES, PUNITIVE - The purpose of punitive damages is to punish a
defendant and to deter a defendant and others from committing similar
acts in the future.

Plaintiff has the burden of proving that punitive damages should be
awarded, and the amount, by a preponderance of the evidence. punitive
damages may be awarded only if defendant's conduct was malicious, or in
reckless disregard of plaintiff's rights


Soon as he had to hire a lawyer, he was harmed. Even if his insurance
company is involved. Reflects on his rates. As well as the mental anguish
of somebody asking for a couple hundred thousand busks for moving a boat 500
feet. from a City's boat to another pier.

"JimH" jimh_osudad@yahooDOT com REMOVETHIS wrote in message
...

"basskisser" wrote in message
oups.com...

JimH wrote:
"basskisser" wrote in message
ps.com...

JimH wrote:
"basskisser" wrote in message
oups.com...

Calif Bill wrote:
http://www.oregonlive.com/search/ind...?ylccsd&coll=7

Hope the judge awards damages to the boat owner.

What damages?


Punitive.

Maybe. That's speculative.


sigh

You just don't get it, do you? The owner hasn't suffered ANY damages
yet. Let alone punitive.


Actually *you* don't.

Bill said "Hope the judge awards damages to the boat owner."

Notice the key word *hope*.

You then said "What damages?", to which I replied "punitive".

You then went into a legal tirade.

Do you understand the word "punitive"?

Do you understand the word "hope"?

Go start a fight with someone else as I am done with this thread.



Actually to get punitive damages, they also have to have actual damages. Is
the law. I sat on a jury where that was explaned to us. But he has occured
damages, in hiring a lawyer.

"Reginald P. Smithers" wrote in message
oups.com...
I think Basskisser was asking what damages has the boat owner suffered?
If the boat owner has insurance, it is the insurance company is taking
this to court.
While the Tow Company may not prove his case, and be able to prove this
was truely a salvage situation, it would probably not be considered a
false claim.

time will tell, but I am willing to bet that no damages will be awarded
to the boat owner or insurance company. I would guess the insurance
company will settle prior to a judgement.


Maybe he is self insured. And the insurance company will probably not
settle this one prior to judgement. To easy of a case to win foir them and
swat down a lot of other cases of the same sort early on.

I wish it was as cut and dry as you think, let us know of the outcome.

To be awarded punitive damages, you have to first have suffered actual
damages

Bill,
This is nothing new. Boat/US provided all of their customers a "towing
Contract" so their customers would not get stuck with a "salvage"
claim, when they thought they were agreeing to a tow.

When they sent me the form they listed a number of examples of how
towing companies have legally enforced a "salvage claim" for situations
where the owner thought he was contradting for a tow.

It is not as cut and dry as it would appear. Here is an article
boat/us wrote on this subject.
http://www.boatus.com/towing/guide/salvage/towsal.asp

The tow operator can say, he believes that his work of moving the boat
not only saved the boat but protected the enviroment. He can also say
his work allowed the firefighters to return to their real job of
fighting the fire which protected the enviroment further.

Don't get me wrong, I think the tow operator is a shyster, but I will
give 100 to 1 odds he will not be charged with filing a frivalous law
suit or salvage claim.

Calif Bill wrote:
http://www.oregonlive.com/search/ind...?ylccsd&coll=7

Hope the judge awards damages to the boat owner.


Am I not getting this straight? the "tow" company invited themselves to
pull the damaged vessel out of the way, NOW they are wanting "Salvage"
rights to it????

JimH wrote:
"basskisser" wrote in message
oups.com...

JimH wrote:
"basskisser" wrote in message
ps.com...

JimH wrote:
"basskisser" wrote in message
oups.com...

Calif Bill wrote:
http://www.oregonlive.com/search/ind...?ylccsd&coll=7

Hope the judge awards damages to the boat owner.

What damages?


Punitive.

Maybe. That's speculative.


sigh

You just don't get it, do you? The owner hasn't suffered ANY damages
yet. Let alone punitive.


Actually *you* don't.

Bill said "Hope the judge awards damages to the boat owner."

Notice the key word *hope*.

You then said "What damages?", to which I replied "punitive".

You then went into a legal tirade.

Do you understand the word "punitive"?

Do you understand the word "hope"?

Go start a fight with someone else as I am done with this thread.

Jim, Here's what we'll do, let's wait and see. I say the boat owner
will NEVER get a settlement for punitive damages. It wasn't a "legal
tirade", it was a definition from law dictionaries.

Calif Bill wrote:
"JimH" jimh_osudad@yahooDOT com REMOVETHIS wrote in message
...

"basskisser" wrote in message
oups.com...

JimH wrote:
"basskisser" wrote in message
ps.com...

JimH wrote:
"basskisser" wrote in message
oups.com...

Calif Bill wrote:
http://www.oregonlive.com/search/ind...?ylccsd&coll=7

Hope the judge awards damages to the boat owner.

What damages?


Punitive.

Maybe. That's speculative.


sigh

You just don't get it, do you? The owner hasn't suffered ANY damages
yet. Let alone punitive.


Actually *you* don't.

Bill said "Hope the judge awards damages to the boat owner."

Notice the key word *hope*.

You then said "What damages?", to which I replied "punitive".

You then went into a legal tirade.

Do you understand the word "punitive"?

Do you understand the word "hope"?

Go start a fight with someone else as I am done with this thread.



Actually to get punitive damages, they also have to have actual damages. Is
the law. I sat on a jury where that was explaned to us. But he has occured
damages, in hiring a lawyer.

Not true. He hired a lawyer on his own accord.

On 18 May 2006 04:02:03 -0700, wrote:

Am I not getting this straight? the "tow" company invited themselves to
pull the damaged vessel out of the way, NOW they are wanting "Salvage"
rights to it????

That's how they make a living unfortunately. The routine towing jobs
for members just cover basic expenses as I understand it.

One of the more interesting insights to this game that I've seen was
out east at Cuttyhunk Island about 4 years ago. An almost new 40+
Carver had been put on the rocks at speed by a clueless owner and was
taking on water at a rapid clip. USCG responded and put pumps
onboard, as did SeaTow. As they were being towed into Cuttyhunk
Harbor the SeaTow boat remained firmly attached, even at the dock, and
then spent a good bit of time with USCG ensuring that their
participation was duly noted in the report. You can be sure that a
significant salvage claim was soon to follow even though USCG had done
most of the heavy lifting.