6 N.E.3d 698 (Ohio Mun. 2013), 2013 CVI 12422, FDL Marine v. Picklo

Docket Nº:2013 CVI 12422
Citation:6 N.E.3d 698
Opinion Judge:MAGISTRATE WILLIAM F.B. VODREY.
Party Name:FDL MARINE DBA EDGEWATER MARINA, PLAINTIFF v. GLENN PICKLO, DEFENDANT
Case Date:October 24, 2013
Court:Municipal Court of Ohio
 
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Page 698

6 N.E.3d 698 (Ohio Mun. 2013)

FDL MARINE DBA EDGEWATER MARINA, PLAINTIFF

v.

GLENN PICKLO, DEFENDANT

No. 2013 CVI 12422

Cleveland Municipal Court, Cuyahoga, Ohio

October 24, 2013

OPINION

Page 699

MAGISTRATE'S DECISION

MAGISTRATE WILLIAM F.B. VODREY.

This case was called for a Small Claims trial on September 13, 2013 before Magistrate William F.B. Vodrey. Plaintiff's president, Joseph Anderson, and office manager, Anne McCarthy, and defendant all appeared and were duly sworn in to testify. Plaintiff is a corporation; its representatives waived counsel.

Plaintiff has failed to prove its case by a preponderance of the evidence. Judgment for defendant on the complaint at plaintiff's costs.

The Clerk will please note: Defendant's last name is " Picklo," not Ricklo.

Findings of fact and conclusions of law are attached hereto.

It is so ordered.

Findings of Fact

This is a case about a disputed charge for the towing of a boat in a Lake Erie marina. The evidence at trial showed that plaintiff is a management company which runs Edgewater Marina in Cleveland, under contract with the Ohio Department Natural Resources a state agency. In 2011, defendant entered into a contract with plaintiff to moor his powerboat Mellow Yellow in the marina. Neither party submitted the contract at trial, but both agreed that it existed.

On October 29, 2012, Hurricane Sandy hit the Cleveland area with much greater force than anyone predicted. Plaintiff's office manager, Anne McCarthy, described it as a " horrible freak storm... [and a] catastrophic affair." High winds and heavy surf destroyed or sank about half of the sixty boats in the marina and damaged another ten, among them defendant's boat, which fortunately was only lightly damaged. The marina was filled with debris and some of its docks were ruined.

Plaintiff arranged for many of the wrecked or damaged boats to be removed three days later on November 1, 2012. Many owners were there, some of whom were very upset about the loss or condition of their boats. Three of plaintiff's staff towed defendant's boat less than 500 feet to a ramp for removal from the water. Although defendant, who was there at the time, told them he was ready and willing to undertake me tow himself they refused. Defendant then accepted his powerboat from them, put it on his pickup truck's trailer...

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