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- S Jt9+~Z IN TH8 CIRCUIT COURT OI~ THE _
NIN$~R$NTH JUD2CIAL CIRCnIT.
. IN A~ID FOR ST. Lt1CI8 ~OUNTX, -
: FLORIpA. . :
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PHILxP CARUANA, • ~
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Plaintiff, .
v~ _ - -
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St~UTaRAST CORREC~' CRAFT, INC., ~ ~
and PLE~?3URSCRAF'T MARIN$ , ~ ~ ~
ENGINR C0. , , _ . ~ - . -
Defendants. - 3.'
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4. :
~ ORDBR ON MOTION FOR =
R$H~ARING OR TO ALTER JUDGMENT ~ - ~
Thia matter~came.to be heard on the Motion of Defendant',
Southeast Gorrect:Craft, Inc._, ("Southesst") for rehearing or
_ ~o a3ter the judgment~entered_herein. The Court has considered -
~ • the'matter and arguments of coutnsel, ~
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Instead of addressinq eaoh particuiar factor which
Southeast contends does not suppoxt the Final Judqment, the
Court will attempt to clarif.y 'its prior:finding.
~ The Court did not mean to say or imply.that Southeast -
initially caused the water intrusion. The uinderlyin.g causes
in the Court's opinion, was the unusual design mod~fications -
- to the Plaintiff's boat, which were not compat3.ble with the ~
PCM enqine he'puzchased. It was significant to the Court that =
~laintiff had ~ot experienced these problems with his prior
engane installed in the sam~ modified boat, which is why it -
- rejected comparative negligence due to the modifications. -
Southeast is certainly correct in arguing that the
mod3fications to the.boat were there before it did any work. _
However, the Caurt feels Southeast failed to do the simplest
_ and most reasonable thinq relative to the Court's findiriq . •
~ of underlyinq cause, which was to advise the Plaintiff that
the boat de$ign, as modified, combined with the enqine and
exhauat port location were incompatible. I.f that had been _ ~
done, cor~ective measure~ cauld have been taken and the
problem would not have continually reoccurred (nvthwithstanainq
any ~riggerinq cause), with the eventual irreparable damaqe to
the enqine . -~-~s..~-- : n
~ . 6(~31f iR~ ~~l~F e!~
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