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Case 3:14-cv-01730-MPS Document 1 Filed 11/19/14 Page 1 of 3

UNITED STATES DISTRICT COURT


DISTRICT OF CONNECTICUT
ACE AMERICAN INSURANCE COMP ANY
a/s/o John A. Richards, Jr. and Wendy L.
Richards
436 Walnut Street
Philadelphia, PA 19106

CIVIL ACTION NO.

JURY TRIAL DEMANDED


and
JOHN A. RICHARDS, JR. and WENDY A.
RICHARDS, Individually
24831 Pennyroyal Drive
Bonita Springs, FL 34134
Plaintiffs,
v.
MOHAWK NORTHEAST, INC.
170 Canal Street
Plantsville, CT 064 79
Defendant
COMPLAINT
THE PARTIES
I.

John Richards and Wendy Richards, husband and wife, are adult individuals who

reside in Bonita Springs, FL and at all material times hereto were the owners of a yacht named
the Windermere.
2.

Ace American Insurance Company ("Ace") is a corporation organized under the

laws of the State of Delaware with a principal place of business located at 436 Walnut Street, in
Philadelphia, PA.
3.

Ace provided property damage insurance to John and Wendy Richards for their

ownership interest in the Windermere.

Case 3:14-cv-01730-MPS Document 1 Filed 11/19/14 Page 2 of 3

4.

Defendant, Mohawk Northeast, Inc. ("Mohawk") is corporation organized under

the laws of Connecticut with its main office at 170 Canal Street, Plantsville, CT.
5.

At all times material hereto, the JUDY M, a tug, was owned and operated by the

defendant, Mohawk Northeast, Inc.


JURISDICTION

6.

This is a case of maritime jurisdiction pursuant to 28 U.S.C. 1333(1).


FACTUAL ALLEGATIONS

7.

On or about November 15, 2013, Mr. Richards was aboard his yacht,

Windermere, which was anchored off of Point Judith, RI.


8.

Mohawk had been hired to tow the Windermere to Brewer Cove Haven Marina in

Barrington, RI because the Windermere was disabled.


9.

Mohawk dispatched the Judy M to tow the Windermere into port.

10.

During the towing operations, due to the negligence of the Judy M, the Judy M

struck and collided at least three times with the Windermere, causing damage to the Windermere.
11.

Ace has partially compensated Mr. and Mrs. Richards for their property damage

to the Windermere, and is subrogated, to the extent of its payments, to the rights of Mr. and Mrs.
Richards.
COUNT I
GENERAL MARITIME LAW- NEGLIGENCE

12.

Plaintiffs hereby incorporate by reference each and every allegation set forth

above as fully as if the same were recited herein at length.


13.

The property damages sustained by Mr. and Mrs. Richards were no fault of their

own, but were caused by the negligence of the Defendant in that the Defendant had a duty to

Case 3:14-cv-01730-MPS Document 1 Filed 11/19/14 Page 3 of 3

avoid collisions by maintaining the Judy M in safe operating condition, and operating the Judy M
in a safe manner and in compliance with the Rules of Navigation.
14.

The Defendant breached its duties by failing to properly maintain and operate the

Judy M, causing the Judy M to strike the Windermere.

REQUEST FOR RELIEF


15.

Under Count I, that this Court enter judgment in favor of Mr. and Mrs. Richards

and Ace against the Defendant for money damages.


16.

For such other relief as this Court deems appropriate.

Dated: November 19, 2014

Respectfully submitted,

A
w J. So tes, Jr., sq. (ct-26963)
Law Offices of David W. Rubin
600 Summer Street, Suite 201
Stamford, CT 06901
Telephone: (203) 353-1404
Facsimile: (203) 357-7208
Email: ajsoltes@dwr-law.com
OF COUNSEL:
COZEN O'CONNOR
William N. Clark, Jr., Esquire
1900 Market Street
Philadelphia, PA 19103
(215) 665-4101
(215) 665-2013 - fax
wclark@cozen.com
Attorneys for Plaintiffs