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Editor: Rod Sullivan
Profession: Maritime Attorney

Category: Boating Accidents

When one moving boat hits another moving boat the result is called a "collision." However, when a moving boat hits another at anchor, or any stationary object, that is called an "allision." That is what happened on January 24 when the moving "Almost There" struck the anchored "Lazy Bones" in the Gulf of Mexico. In an allision, a rebuttable presumption is created that the moving boat was at fault. That rule of law is called the "Oregon Rule."

The Lazy Bones is a 35 foot custom sporfishing charter boat which operates out of the Tarpon Springs Municipal Marina. The Captain, according to their web site, is Captain Andy Hoffman of Odessa, Florida. At about 10:00 a.m. on Tuesday, January 24th the Lazy Bones was at anchor about 10 into the Gulf of Mexico off of Anclote Key with four people on board (presumably Captain Hoffman and his two passengers, Vincent and Theresa Mazzola) when a motorboat ran into them.

Press reports about the identity of the motorboat are inconsistent. Some report it as a 56 ft. Sea Ray and others as a 56 ft. StingRay. There is no 56 ft. StingRay. However there is a 56 ft. Sea Ray Sedan Bridge (Model 560) which usually costs about $800,000-$900,000 (for the 2002 model).

Limitation of liability may come into play here. Speed in fog and the Rules of the Road will also be important.

Mazzola initially complained of back pain and was taken to Bayfront Medical Center in St. Petersburg. She died the following day from internal injuries.

The "Almost There" apparently had five people on board. No injuries were reported.