IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 20-21859-CIV-ALTONAGA

In the Matter of the Complaint for Exoneration from 

or Limitation of Liability by Jose Garcia, as owner of 

the 2019 40’ Beneteau Motor Yacht bearing Hull 

Identification No. BENER159L819, 

Petitioner.

__________________________________________/

NOTICE OF JOINT LIABILITY

COMES NOW, Claimant, ROBERT CHARLES ROFFEY, by and through the 

undersigned counsel, and hereby files his Notice of Joint Liability:

1. Claimant, ROFFEY, hereby files this Notice of Joint Liability pursuant to the 

Court’s Order on its Default Procedure [D.E. 68].

2. The present action arises out of a boating incident that occurred on March 8, 2020. 

The vessel owned by Petitioner, Jose Garcia, was negligently operated, controlled, maintained, 

entrusted, and/or secured, resulting in the vessel striking Claimant, Roffey and causing Roffey 

injuries.

3. Subsequently, Jose Garcia filed the present Petition seeking to limit his liability. 

4. The Parties, including Roffey, filed their Answers, Claims, and Third Party 

Complaints against Third Party Defendant, Allison Dillon-Torres. Claimant, Whalen, also filed a 

Motion to Dismiss, and Claimant, Roffey, joined in the Motion. Following briefing on CoClaimant, Whalen’s, Motion to Dismiss, the Court granted the Motion to Dismiss, granting Garcia 

leave to amend. The Parties, including Roffey, filed their Answers, Claims, and Third Party 

Complaint against Third Party Defendant, Allison Dillon-Torres.

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5. In Garcia’s Amended Petition, he identified for the first time that Iran Fleitas was 

tasked with operating and captaining the vessel on the day of the incident. Accordingly, Claimant, 

Roffey, filed an Amended Answer, Claim, and Third Party Complaint naming Iran Fleitas as a 

potentially culpable party. The other Claimants also filed Amended Third Party Complaints 

identifying Iran Fleitas as a culpable Defendant.

6. Roffey hereby incorporates his Amended Answer, Claim, and Third Party 

Complaint to this Notice of Joint Liability. Furthermore, the basis of liability against Garcia, 

Fleitas, and Dillon-Torres is their failure to operate, entrust, secure, and maintain the vessel in a 

safe manner, such that it crashed into the Claimant.

7. Maritime law applies the principles of joint and several liability. Therefore, the 

Third Party Defendants, Dillon-Torres and Fleitas, as well as the Petitioner, Garcia, would all be 

jointly and severally liable to the Claimant for their negligence. See Ebanks v. Great Lakes Dredge 

& Dock Co., 688 F.2d 716 (11th Cir. 1982); Hays v. Foster Wheeler Energy Corp., 2014 WL 

12661273 (S.D.Fla. September 15, 2014); Farley v. Magnum Marine Corp., 1995 WL 795711 

(S.D.Fla. June 9, 1995).

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CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that a true and accurate copy of the foregoing was served and 

electronically filed upon all counsel of record identified on the below Service List on this __10th 

day of August, 2020.

GOLDBERG & ROSEN, P.A.

Counsel for Plaintiff(s)

1111 Brickell Avenue-Suite 2180

Miami, Florida 33131

Tel: (305) 374-4200

Fax: (305) 374-8024 

 s/ Mustafa Dandashly

 BY: ___________________________________________

Judd G. Rosen, Esq., Fla. Bar No. 0458953

Mustafa H. Dandashly, Fla. Bar No. 118159

Primary E-mail: pleadings@goldbergandrosen.com

Secondary E-mails: mhd@goldbergandrosen.com

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