NEWPORT – The owners of a 103-year-old sailing yacht that sunk during the Museum of Yachting's Robert Tiedemann Classic Regatta last summer are suing the owners of the 94-foot yacht Sumurun for more than $1 million.
The lawsuit, filed against A. Robert Towbin of New York City and Armin Fischer of Camden, Maine, was submitted to U.S. District Court in Portland March 5 by Jed Pearsall and William Doyle, both of Newport.
The suit stems from a dramatic collision during a July 7 charity race for the Museum of Yachting in which Sumurun struck and sank Msres. Pearsall and Doyle's classic sloop Amorita.
Named by Sail Magazine in January 1994 as one of the "100 Greatest Yachts in America," Amorita met a quick demise in approximately 55 feet of water just south of Beavertail.
Sumurun, designed by William Fife and built in 1914, was originally commissioned for Lord Sackville of Kent. Amorita, originally designed by H.R. Herreshoff in 1904, was one of two New York 30s involved in the July crash. Also involved was the Alera, based out of Booth Harbor, Maine.
According to court documents, the crash occurred as the two NY30s were approaching a marker and had entered the two-length zone. Racing rules stipulate that once a vessel has entered the two-length zone surrounding a turn marker, it's given the right of way from trailing crews.
In the lawsuit, Mr. Pearsall and Mr. Doyle allege that Sumurun, helmed at the time by Mr. Towbin, was gaining on the smaller boats. Despite warning that there was not enough room to pass, the plaintiffs allege that Mr. Towbin reversed the helm and attempted to round the mark inside the path of the smaller boats. As a result, Sumurun collided with both Amorita and Alera, according to the suit. Broadsided, Amorita sunk within 30 seconds, according to court documents.
"During the rounding of the mark off Beavertail Point, Sumurun was navigated in a careless and grossly negligent manner, with wanton disregard for safety at sea," the lawsuit stated.
It goes on, "After the collision, Amorita was held afloat, below the surface of the water, by her rigging, which was fouled on the stem of Sumurun. Sumurun did not render aid to the crew or to the vessel, rather, without permission from Amorita's owner and without even placing a line on Amorita to mark her location, Sumurun cut Amorita away, sinking her to the bottom of Narragansett Bay."
The next day, the owners of Amorita and Alera filed protests against Sumurun with the race's protest committee. Two days later, on July 10, 2007, after several days of preparations, salvage divers successfully raised Amorita and redelivered her to her owners.
Ultimately, the Narragansett Bay Yachting Association disqualified Sumurun, finding the crew had violated a racing rule which led to sinking of the Amorita and exonerated the crew of the Alera from any wrongdoing.
Following two appeals by Mr. Towbin, the U.S. Sailing Appeals Committee found that Sumurun caused all the collisions and broke at least four rules, including one of them twice.
According to the appeals committee, "Sumurun was properly found at fault for the subject collision through private resolution of disputes in an agreed-upon forum akin to arbitration which met the requirements for due process and Sumurun is therefore responsible for the collision."
In all, Amorita sustained damages, losses and expenses estimated at $1 million. In order to compensate their loss, the plaintiffs are asking that Sumurun be "arrested," condemned and sold. In addition, Mr. Pearsall and Mr. Doyle are also seeking unspecified "consequential" and punitive damages.
By Tom Shevlin
news@newportthisweek.net