Hit By a Pirate Ship

0:00 Plaintiff Gary Benson says he and the defendant both owned

0:02 boats and they know each other through the boating community.

0:06 Gary's suing because he claims while the defendant

0:09 was pulling his boat into the dock,

0:11 he crashed into Gary's vessel and Gary's owed for the damages.

0:15 Defendant Andy Gray says he's a modern-day pirate.

0:19 Andy owns and lives on a pirate ship.

0:21 Andy claims on the day of the accident,

0:23 one of the crew on Gary's ship had a little too much to drink

0:27 and didn't give him enough warning that he was going to hit Gary's boat,

0:31 but he believes Gary's overcharging him for the damages.

0:35 All right, start with you.

0:36 I've known Andy for approximately 5-6 years

0:39 on the dock in Moss Landing, California.

0:42 We both have vessels approximately 60-65 ft in length.

0:47 Wow.

0:47 What type of cruiser?

0:49 Yeah, what type of

0:50 I have a picture of her.

0:51 There's

0:52 I got a pirate ship, your honor.

0:56 That's why you wear this getup?

0:58 Yes, sir.

0:58 I'm a kind of a modern-day pirate, your honor.

1:00 This is how I live.

1:05 All right.

1:06 Pirates didn't don't they rob and pillage?

1:09 Sure do.

1:10 I'm a good one.

1:12 I only do it a little bit.

1:15 I was curious, how much do these boats cost?

1:18 This one is a all aluminum vessel and it

1:20 was probably in the neighborhood of over $100,000.

1:24 Used to be owned by the state of California Fish and Game Department.

1:26 Built specially.

1:28 How about yours?

1:29 Well, mine was appraised in '76 for almost 400-plus thousand.

1:33 In 1976, 400-plus?

1:37 considerably more, I believe, when I'm done with it.

1:38 I've been working on her for the last 4 years.

1:41 She had a big gaping hole in her bow.

1:43 That was my front door for 3 and 1/2 months.

1:46 Most people thought she'd never see water again.

1:48 She's in the water and ready to be sailing at this point.

1:50 I guess that's why you say it's your life.

1:53 Yes, sir.

1:54 live on it for over half a million.

1:56 You live on it all Yes, sir.

1:57 24/7 I work on her, too.

1:59 And okay, makes sense.

2:00 What do you allege other than you have a boat

2:04 and he has a ship and they're 66 ft?

2:09 On August 25th, '06,

2:11 happened to be the first time that he powered that boat away from the dock.

2:16 Not under sail power.

2:18 He went out to the mile buoy at 2:00 3:00 in the afternoon.

2:23 And he didn't want to go into his dock because of the difficulty,

2:26 so he got permission to go into the end tie, which is 100 ft long.

2:31 And as he made the approach to my vessel,

2:36 his bow pulpit went through my fly bridge sliding

2:40 window on the starboard side and out the back.

2:44 Within 10 minutes, I got a call at home.

2:47 I live in Hollister.

2:49 And I was over there within an hour.

2:51 I asked him, "Hey, Andy, what's up?" Well, I said, "You got any insurance?" No.

2:58 So, he said, "Don't worry about it.

2:59 I'll take care of it." And he showed me some good credibility at that time.

3:04 Okay.

3:04 Sir,

3:05 had to

3:05 you tell me what happened up to the point that he's uh referencing.

3:08 Well, your honor, he's pretty much right on the mark.

3:11 I did take her out to the mile marker.

3:12 Unfortunately, I took some of the local uh scribe with me to just,

3:16 you know, people to take out with me.

3:18 And one of them happened to be taking the old suds down on the bow.

3:23 If you look at the picture from the uh helm, which is at the stern of the boat,

3:28 to the total, you know, at the front of the boat,

3:31 which is the bow, you cannot see a thing.

3:32 You need somebody to telegraph you what's going on.

3:36 And unfortunately, once again,

3:38 he wasn't telling me anything until it was too late.

3:41 So, when I found out I was in trouble, I just aimed at the best thing I could.

3:46 Instead of taking his whole house off,

3:48 I chose to go through one window and out the other.

3:51 It's pretty much that simple.

3:53 Pretty good shot, I'd say, Your Honor.

3:55 Go through one window and out of the other.

3:57 Yes, sir.

3:58 I didn't know her, she didn't know me,

4:00 and uh we we learned a lot about each other since then, Your Honor.

4:07 I can pull her right in there and back her into a spot and

4:14 I'm not going to even go there.

4:18 Needless to say, you love your boat.

4:20 I love my boat, and he loves his boat.

4:23 Equally as much.

4:24 You sound like you're in love with your boat.

4:26 Well, I maybe.

4:29 Do you have a girlfriend?

4:31 Yes, I do, Your Honor.

4:31 She's in the courtroom here.

4:33 Oh, very good.

4:34 All right, so let's see, sir,

4:37 how much were your damages and did he agree to pay?

4:41 Well, as it went along, some got paid, and then since about February,

4:45 it just went on as "Hey, bear with me, bear with me, bear with me."

4:50 How much were your damages?

4:52 Um I have a balance of nine $919,

4:56 and I have it all broken down where

4:58 the payments were made and what was the charges.

5:02 Sir, what do you want to tell me about repayment?

5:04 Honor, in my response to that, we've paid for um when he when he had taken

5:09 the boat over to the welder to fix any of the the uh welding needed to be done,

5:13 we paid for the window.

5:15 He chose He chose himself voluntarily to install it himself and do his own work,

5:21 where he could have done it professionally.

5:23 So, in my defense, most insurance companies, whoever, would not pay for that.

5:29 And that's kind of where our dispute in lies.

5:32 How much was the total, sir?

5:33 I'm sorry.

5:34 A little over $2,000.

5:35 That's all?

5:37 Yeah.

5:36 For a boat of that size?

5:38 Well, I hit the windows, Your Honor.

5:40 Well, what

5:40 Well, that's all you hit.

5:42 Yeah, that's all I hit, Your Honor.

5:43 You got to remember that I did a lot of the work.

5:46 I cut costs for Andy where I could

5:48 with the paint.

5:49 Sir, what do you say about repayment again?

5:54 Well, I don't know where we really stand with with his with with his

5:58 With the amount?

5:59 Yes, the amount.

5:59 Well, we'll tell you how well you stand by you

6:01 first telling how much have you repaid him again?

6:07 Everything but the $900 that he's asking.

6:09 Tell me the number.

6:11 The number.

6:13 Yes.

6:12 Well, it's over a $1,000.

6:13 How's that?

6:14 That's what you've paid?

6:15 Yes, sir.

6:16 And how much do you say he's repaid?

6:18 And excuse me, your honor, in in marine law, basically,

6:22 um he has to keep keep a log at all times

6:26 as to what he's doing and how much and when and what was spent,

6:29 and I haven't seen that, either.

6:31 You have to keep a log of what is spent on your own boat?

6:35 If you're going to be in the courtroom, you do.

6:37 Yes, sir.

6:37 Your honor.

6:40 But you don't anticipate being in court.

6:41 you don't, but it's just what you do.

6:44 You agree you owe about $900?

6:47 I don't believe I owe him.

6:49 Why?

6:49 Because he If you've only paid

6:51 work himself, and he didn't have it done professionally.

6:54 It would have cost him more.

6:55 It would have cost me a lot more, your honor.

6:56 I don't dispute that.

6:57 got it done.

6:58 You caused the damage.

7:00 Why shouldn't you pay for the entire cost that he had to pay?

7:04 Because he could have fixed it himself?

7:06 Yes, sir.

7:07 I guess that's it.

7:08 Is that essentially what you're saying?

7:10 Yes, sir.

7:10 Okay, but you can't determine who fixes his boat.

7:13 If you If you've caused the damage, you can't determine who repairs it.

7:18 I also can't determine how much time he really spent on his boat.

7:21 What difference does it make?

7:23 You pay the amount it costs for him to repair his boat.

7:27 He's shown me evidence that it cost approximately $2,000 to repair his boat.

7:33 So, you would be responsible for the entire

7:35 2,000 unless you went to him with cheaper estimates,

7:41 maybe two or three estimates.

7:43 have that opportunity, Your Honor.

7:47 Sir, I know you used to stealing and pillaging

7:49 and taking folks' money like the pirates of old,

7:54 but I'm not going to let you do that here.

7:57 $919 is your judgment.

8:00 He agrees he hasn't paid all that it cost to repair

8:03 it because he thinks it could have been repaired cheaper,

8:07 yet he brings no estimates in to show that.

8:09 $919 to the plaintiff.

8:11 Have a good day.

8:12 Okay, Your Honor.

8:13 Thank you.