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Therefore, ~he Court~concluded Southeast's aegligence ~
in ~ailing to advis~ the Plaintif~ o~ the b~eic pr4bl~m, ~
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resultinq-~rt continued water in~ruaion o~currancas and ultimate
xuination, wae the pxoximate cause of the ~~maqe.
The Court fee].s Southeast ha$ miscon,~trued its reference ~
~ in the Final Judqement to a tri.gqering cause. The Court wa~ '
tryinq~to Yead into a discus$~on of many of the possible .
actiong attribut~d_to the Pl~inti~f`wtiich could have been
considered as his own negliqent_acts to 'juatify~the:affirmative
defens~ of comparative n~q~igence. The Court~.faund those were
not sufficiently proven. The xeferenc8 was not intended to
say or imply that the Court felt thexe was some superveninq -
int~rvex~inq cause for`the problem. There was testimony about
other trigqerinq causes, such ~s the water lev.el in the ext~aust.
- system itsel~ while`the boat was at rest due to 3.ta modifications
and exhaust port locatian, wave ac~ion and others. ~
In summnary, the Court feels Southeast's neqliqence in fai1-
inq to advise`the~Plaintiff contributed substantially to Plaintiff's
damaqe and that the damage was~:a reasonably foreseeable conaequenae
of the neqliqence.
The last~~point concerns the elements of damage assessed
against Southeast. The Court agrees the cost tO raige the exhaust
ports and enqine by use of atruts are not proper e~.ements pro- _
ximately related to Sou~heast's net~liqence. I£ one of~those
two tasics had been recom~mended in th~e firat place, this action
~probably would not have be~n filed. However, th.e Court must -
. agree in retrospect they are not proper elements and the Final
- Judgment should be ainended aaaordingly.
- It ~ is thereupon - ,
ORDERED AND ADJUDG~:D as follows:
1. Exc~p~ as to the amendment of dar~ages, Southeast's -
said motion ig denied.
2. This.Court's Final Judgment entered herei.n is =
anaended to provide that Plaint3.ff shall have and recover from -
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