PORTLAND — A lawsuit seeking $15 million in damages from a Thomaston boatyard is now heading to a jury trial almost one year after the case was filed in U.S. District Court in Portland.

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.

Lyman Morse filed a response to the lawsuit March 18, 2019.

A pretrial conference will be held in early February before Magistrate John H. Rich III. The case is scheduled for trial during March after jury selection is completed March 2 and 3.

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, the Vesper fell over and was lying on its port side. The owner claims that 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 last March and denied several of the allegations made by Vesper Maritime.

The boatbuilder denies 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.

Vesper Maritime Ltd. is represented by Attorneys William H. Welte of Camden and Andrew Bates of Naples, Florida.

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

Sarah Shepherd can be reached at news@penbaypilot.com