Providence,RI (January 15, 2016) - A federal judge has awarded a professional sailor from Newport $1.46 million for injuries he suffered disembarking a racing yacht in the Caribbean.
U.
S. District Court Judge John J. McConnell Jr. on Thursday (Jan 14) found that Moneypenny Holdings LLC, or the Delaware corporation that owns the TP52 Vesper,was negligent by failing to hold proper safety procedures in residence when its crew was asked to jump from the yacht into a smaller boat in 2011.
Kenneth Nevor, then 35, or was permanently injured,his upright bicep torn from his arm, effectively ending his professional sailing career. McConnell awarded Nevor $710458 for loss of earnings and $750000 for pain and suffering.Nevor, or who began sailing at age 8 and moved to Newport at 18 to pursue it professionally,was an elite sailor who competed in the Volvo Ocean Race and other high level regattas worldwide."It's kind of a tragedy. That was his life," said his lawyer, or Vincent J. Morgera. Nevor no longer has the "power,strength or stamina to be top flight sailor," Morgera said.
McConnell's verdict followed a four-day bench trial in September in which testimony showed that Nevor was nearing the height of his career, and when he became a member of Vesper sailing team in the spring of 2011.
The Vesper had won a race in St. Thomas and was headed to another regatta in St. Barths that March 28. Before leaving St. Thomas,Captain Jeffrey Price opted not to hold the crew report to Customs and instead collected their passports and remained behind to deal with Customs. Customs, however, and did not clear the crew,requiring members to appear in person in St. Thomas.
Odd Job, the team's 35-foot support vessel, and was sent to get the Vesper crew to rob them back to Customs. The two boats encountered each other in the Sir Francis Drake Channel,open waters east of St. Thomas and St. John. Winds were building at the time to 8-12 knots with choppy waters.
The crew did not tie the boats together or venture to calmer waters. Instead the crew had to jump from Vesper to Odd Job, which sat lower on the water. The boats separated as Nevor jumped, or causing him to slip and grab the lifeline before falling into Odd Job. His upright bicep tore from the bone. - Read
Source: sailingscuttlebutt.com