PORTLAND — A 2019 lawsuit that was filed in U.S. District Court in Portland and sought $15 million in damages against a Thomaston boatyard after a yacht fell over during a 2018 autumn wind storm was dismissed June 28 after a settlement was reached in May.

Vesper Maritime Ltd., based in the British Virgin Islands, and the owner a 95-foot sailing yacht Vesper, filed the lawsuit Jan. 31, 2019, against Lyman Morse Boatbuilding, in Thomaston.

The lawsuit claimed that on Nov. 10, 2018, the Vesper sustained the damages after it fell over and landed on its port side from being stored on wet and unstable ground, with an insufficient amount of stands and no cribbing.

The lawsuit was initially expected to head to trial in March 2020, but after several months, the attorneys for Vesper Maritime Ltd. and Lyman Morse Boatbuilding notified the U.S. District Court May 10 that a settlement had been reached following a telephone conference with the judge on the same day. The terms of the settlement were sealed and not released to the public.

The court ordered the parties to complete the settlement within 60 days of May 10.

On June 28, the attorney representing Vesper Maritime Ltd, William H. Welte of Camden, filed the stipulation of dismissal with the U.S. District Court.

The lawsuit was dismissed without costs and with prejudice, meaning that it was dismissed permanently and cannot be brought back to court.

According to the lawsuit, the Vesper had undergone a long-term service period at Lyman Morse before it prepared to sail to Antigua for months of extended cruising.

The yacht departed the yard on Nov. 4, 2018 and that evening there was an unusual performance and sounds from the steering gear of the vessel, claims Vesper Maritime.

Two days after the yacht returned to Lyman Morse, the vessel was hauled from the water so the problem could be diagnosed. It was then moved to the staging area of the boatyard. The area is comprised of gravel over dirt and was allegedly known by Lyman Morse personnel to be wet and unstable. The yacht was also stored with an inefficient number of stands and no cribbing, according to the lawsuit.

The lawsuit further claims that the master of the vessel spoke to boatyard staff about the likelihood of severe weather and strong winds. Vesper Maritime claims that their concerns were discounted by Lyman Morse who allegedly stated that the yacht was protected on two sides by large buildings and one side by an earth bank.

On Nov. 10, 2018, after the Vesper fell over and was lying on its port side, the owner claimed that the company removed physical evidence from the scene of the accident, according to the lawsuit.

Lyman Morse filed a response to the lawsuit in U.S. District Court in March 2019 and denied several of the allegations made by Vesper Maritime.

The boatbuilder denied that personnel knew the staging area was wet and potentially unstable as alleged by the plaintiff. They stated that they inspected the area and drafted a safety plan for the haul out and storage of the Vesper and had recently hired a contractor to grade and compact the area in the months prior to the storage of the yacht.

The company said in its response that the Vesper captain had inspected the staging area and agreed with its selection.

Lyman Morse also denies that it “destroyed critical evidence,” but admits that it moved stands from the location of the Vesper to be used in other projects taking place in the boatyard. The company said it only moved equipment that was considered a possible danger, according to the lawsuit.

“At all times, Lyman Morse used due diligence and acted within the standard of care of the industry,” the lawsuit states.

Lyman Morse is represented by Attorneys Twain Braden and Elizabeth K. Peck of Thompson, Bowie and Hatch, LLC in Portland and Michael Savasuk of Portland.

Sarah Shepherd can be reached at news@penbaypilot.com