Mercadante

**Boat Damage Dispute Results in Mixed Victory** This case involved a dispute between a boat owner and 701 Marina LLC over damage to a boat while it was in the marina's care. The boat owner claimed the marina was responsible for damage to the boat's rudder and asked for compensation. The boat owner also accused the marina of gross negligence in handling the vessel. The court ruled in favor of the boat owner on the main damage claim, ordering the marina to pay $2,952 for rudder damage. However, the court rejected the gross negligence allegations against the marina. Additionally, the marina agreed to pay $469.99 for separate fire damage to the boat's rub-rail. The court determined that the rudder damage most likely happened while the boat was docked at the marina, rather than during the process of moving it, which meant the marina's liability limitation clause applied to the case. **What This Means for Workers:** This case shows that businesses can still be held responsible for damage that occurs under their care, even when they have liability limitation clauses in their contracts. However, proving gross negligence requires meeting a higher standard of evidence than regular negligence claims.