Jonathan Maples of our Mobile, AL office obtained summary judgment in favor of a local marina operator and yacht broker that had been sued under theories of actual and apparent agency related to the delivery of a sailing vessel.
The plaintiff alleged that he purchased a sailing vessel through the local company and that, upon sailing the vessel from Florida to Alabama after delivery, he sustained physical injuries. The plaintiff alleged that he hired an agent of the local company to assist him in sailing the vessel from Florida to Alabama and that the agent’s negligence led to the plaintiff’s injuries.
Jonathan established that the local company’s duties ceased upon delivery of the vessel to the plaintiff in Florida, and that any arrangement between the plaintiff and the alleged agent regarding sailing the vessel from Florida to Alabama had nothing to do with the company. The alleged agent was therefore not an agent at all, actual or apparent. The trial court agreed and entered summary judgment in favor of Jonathan’s client.
Great results!
