An Island County District Court judge has denied an Oak Harbor man’s claim that the city of Oak Harbor was liable for damages sustained to his 32-foot powerboat in a January windstorm.
Judge pro tem Amy Dempsey ruled Thursday, June 10, that the city was not at fault and denied 73-year-old Dennis Behrman’s claim for $1,807 on the grounds that he waived any right to compensation when he signed a lease agreement to moor his vessel at the Oak Harbor Marina.
Behrman’s vessel was one of two damaged Jan. 18 when a large section of metal roofing blew off the covered mooring on “C” dock. Although the other boat sustained the bulk of the damage, with a broken mast and crushed bimini or canvas top, two radio antennas and the radar dome-cover on Behrman’s vessel were also destroyed.
Behrman decided to sue when the city’s insurance company, the Washington Cities Insurance Authority, recommended it deny Behrman’s request that the city cover his damages. His original claim to the city was for $2,863.
“That was based on estimated costs,” Behrman said.
“Once I found out they were denying my claim, I had to get real serious about getting my costs down,” he said.
The claim he filed in small claims court was significantly less. Of his total $1,807 claim only $405 covered the replacement cost of the damaged radio antennas and radar dome.
The vast majority of the claim – $1,401 – paid for the time Behrman spent fixing the broken parts and preparing his case against the city, from the $90 an hour rate he paid himself to make the actual repairs to the at least $131 he spent making copies of city documents.
Brehman acknowledged he has been trying to sell his boat for the past two years.
He spent about 20 minutes Thursday morning attempting to show Dempsey that the section of roof that blew off the covered moorage on “C” dock was the result of poor maintenance on behalf of the city.
City Administrator Paul Schmidt made it clear to Dempsey that this was not personal but a matter of policy. The city gets between two and five claims a month and it relies on its insurance company to be the expert when it comes to deciding who should be paid and who shouldn’t. If the city were to make an exception, it could open itself to a dangerous precedent.
“If we don’t rely on our experts, why we would we use them,” Schmidt said.
While Schmidt argued that the city’s insurance company has ruled that it was not negligent, and therefore should not be liable to pay Behrman’s claim, Dempsey reminded both men that this was not a court of law, but a court of equity.
“The reality is I don’t have to consider negligence; I’m going to decide what is right,” Dempsey said.
In the end, she ruled that the city had maintained the facility adequately and that the Behrman had waived any right to claim damages when he signed a lease agreement with the marina. The document clearly states that the marina cannot be held responsible for any damages incurred to vessels moored at the facility.
Brehman said he was disappointed with the judgement but that he would not appeal the decision.
