United States Eleventh Circuit

In a case arising from an allision between an unmanned pleasure yacht and a dock when Hurricane Frances hit south Florida, a judgment against plaintiff-dock owner finding that yacht-owner exercised reasonable care in preparing for the storm, and exonerating him and his boat from liability, is affirmed where the district court applied the proper standard of care and correctly allocated the burden of proof, and its factual determinations were not clearly erroneous.

Appellate Information

• Decided 11/19/2007
• Published 11/19/2007

Judges

• TJOFLAT, Circuit Judge:, Before TJOFLAT, HULL and BOWMAN, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Robert D. McIntosh, Alain E. Boileau, Adorno & Yoss, LLP, Ft. Lauderdale, FL, for Appellants.


• For Appellees:
  
• Jonathan Holmes Dunleavy, Richard J. McAlpin, McAlpin & Brais, P.A., Miami, FL, for Appellees.