Axess was a 31 ft. Rinker outfitted with Mercury engines that
was part of a fractional ownership program run by SailTime Chicago. The member
was an owner of the boat and allowed SailTime Chicago to rent out the vessel
when not in use. As part of the contract, SailTime was responsible for maintaining
Axess. SailTime relied upon Skyway
Yacht Works to perform these maintenance services.
The vessel was
about seven miles offshore Chicago, IL when a clanking noise was heard. Shortly
thereafter the engines failed, and the boat came to an abrupt stop. The
high-water alarm sounded, and steam was coming out of the engine compartment.
They quickly discovered the boat was taking on water. All persons aboard the
vessel quickly went to work; two bailing water, one deploying emergency flares
and the fourth attempting to call for help. As they came to the realization
that the boat was going to sink, they knew they needed to abandon it. They put
on life vests, gathered up flotation cushions, and jumped into Lake Michigan’s
53° water. A male victim was found disoriented and hypothermic around 6 a.m. by
a charter boat captain. He was the only survivor.
Inspections of
the vessel by several experts determined that the boat sank because of a
catastrophic failure of the port side gimbal bearing. Axess was run aground by another SailTime Chicago member in 2012
and was taken to Skyway Yacht Works for inspection and repairs. The repairs
performed by Skyway did not include replacement of the port side gimbal
bearing. The product safety manager for Mercury Marine, the engine company,
stated that the safest and most prudent response would have been for Skyway to
replace the transom assembly and its components, including the gimbal bearing. An
expert witness stated that if Skyway had replaced the port side transom
assembly and gimbal bearing, the sinking of the Axess would not have occurred.
A $27.9 MILLION settlement was reached.
How much
coverage do you recommend to your Boat Yard/Boat Repair clients?
Ian Greenway
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