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Pathe v H&S Yacht Sales

Case Conclusion Date: 10.02.2012

Practice Area: Business

Outcome: Defense verdict

Description: PRESS RELEASE (Immediate Release) Date: October 3, 2012 San Diego Superior Court Case #37-2010-00096224-CU-BC-CTL DAVID PATHE vs H&S YACHT SALES, a Division of NAUTICAL ENTERPRISES, INC., THOMAS CUNNINGHAM, and BERMUDA MARINE, INC. The three week trial of the above referenced San Diego Superior Court case came to a conclusion on October 2, 2012. The jury returned a verdict in favor of defendants finding they were not liable on any of the causes of action in the 12 count complaint. Plaintiff, David Pathe, was represented by attorney Barry Ross of Irvine California. The plaintiffs complaint alleged various causes of action against yacht salesman, Thomas Cunningham, and the now out of business H&S Yacht Sales, arising from the sale of a Jeanneau 54DS sailboat in 2007. Breach of Warranties, Negligent Misrepresentation and Fraud were among the charges. Mr. Cunningham and Bermuda Marine Inc. were represented at trial by Charles Mellor of the Law & Mediation Office of Charles Mellor. The plaintiff, a Coronado California resident, bought a yacht and had it commissioned in Annapolis Maryland by H&S Yachts in 2008. He then used the yacht to travel to over 40 different ports throughout Florida, the Caribbean, South America and Central America. The lawsuit alleged a myriad of "defects" in the yacht, despite its extensive use and travels. The plaintiffs lawsuit sought approximately $500,000.00 in damages. The three week trial in Superior Court, Department 46, included expert testimony from Bill Trenkle of Todd & Associates, Ed Hanscom of Shelter Island Marine Electronics, Captain Ken Bertino and Mike Van Tuyl of Cruising Yachts, Inc. The jury of local San Diegans deliberated for three hours and returned a verdict, by a vote of 12-0, in favor of Mr. Cunningham, Bermuda Marine Inc. and Nautical Enterprises Inc, dba H & S Yacht Sales. The verdict was welcomed by Mr. Cunningham after 2 & 1/2 years of contentious litigation. Attorney Charles Mellor said, "I believe this verdict sent a strong message to the plaintiff that his interpretation of events was simply not credible." Continuing, Mellor allowed, "I am thankful to the jurors for bringing back a 12-0 verdict that totally vindicates Mr. Cunningham." Mr. Mellor was assisted at trial by attorney Christopher Taylor and attorney Laura Sasaki. Post trial motions by defendants are expected to address cost issues. Contact: Charles J. Mellor

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