HORR, NOVAK & SKIPP, P.A.

TWO DATRAN CENTER – SUITE 1700, 9130 SOUTH DADELAND BOULEVARD - MIAMI - FLORIDA – 33156

UNITED STATE DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

“IN ADMIRALTY”

CASE NO.: 20-CV-21859-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.

___________________________________/

PETITIONER’S THIRD PARTY COMPLAINT 

AGAINST ALLISON DILLON-TORRES

Petitioner, JOSE GARCIA, by and through his undersigned counsel, and in accordance 

with Fed. R. Civ. P. 14 and the Supplemental Admiralty Rules, hereby sues Third Party 

Defendant ALLISON DILLON-TORRES (hereinafter “TORRES”), and alleges:

1. This an admiralty and maritime claim brought within the jurisdiction of this Court 

pursuant to 28 U.S.C. §1333 and is brought within the meaning of Supplemental Rule F(5) and 

Fed. R. Civ. P. 14.

2. On information and belief, TORRES is a citizen and resident of Miami-Dade 

County, Florida.

3. Venue is appropriate in this district as the underlying incident occurred in MiamiDade County, Florida.

4. The subject vessel is a 2019 40’ Beneteau Motor Yacht bearing Hull 

Identification No. BENER159L819, (hereinafter “the Vessel”).

5. At all times material, PETITIONER was the owner of the Vessel.

Case 1:20-cv-21859-CMA Document 86 Entered on FLSD Docket 08/07/2020 Page 1 of 7
Case No.: 20-CV-21859-ALTONAGA 

PAGE 2

HORR, NOVAK & SKIPP, P.A.

TWO DATRAN CENTER, SUITE 1700 - 9130 SOUTH DADELAND BOULEVARD - MIAMI - FLORIDA – 33156

6. At all times material, PETITIONER exercised due diligence to make and maintain

the Vessel in all respects seaworthy; and all times material, she was in all respects seaworthy and

fit for the use in which she was engaged until the occurrence of the incident hereinafter

described.

7. On or about March 8, 2020, Petitioner and a group of people took the vessel out 

on the navigable waters on the United States in Miami, Florida. 

8. The vessel was under the command of Iran Fleitas, who PETITIONER asked to 

operate the vessel for the evening.

9. The vessel traveled up the Miami River to the Casablanca Restaurant, where she 

was tied up to the dock, the engines were shut down, and the key was placed in a lock box out of 

sight.

10. PETITIONER and his guests then went into the restaurant for dinner.

11. While PETITIONER was having an after-dinner coffee and paying the bill, two of 

the guests, one of whom was TORRES, boarded the vessel without PETITIONER’s knowledge 

or consent.

12. Again, without PETITIONER’s knowledge or consent, TORRES started and 

engaged the engines, causing the vessel to crash into another vessel, which allegedly resulted in 

bodily injuries and property damage (hereinafter the “Incident”).

13. Prior to the incident, all guests were told to stay away from the helm station of the 

Vessel and that they were not allowed to operate the Vessel.

14. At no time prior to the incident did PETITIONER give anyone other than Mr. 

Fleitas permission to operate the vessel.

Case 1:20-cv-21859-CMA Document 86 Entered on FLSD Docket 08/07/2020 Page 2 of 7
Case No.: 20-CV-21859-ALTONAGA 

PAGE 3

HORR, NOVAK & SKIPP, P.A.

TWO DATRAN CENTER, SUITE 1700 - 9130 SOUTH DADELAND BOULEVARD - MIAMI - FLORIDA – 33156

15. Third Party Defendant TORRES operated the Vessel at the time of the incident 

without PETITIONER’s knowledge or consent.

16. Multiple persons have claimed injuries as a result of the incident, including 

Joseph Whelan, ECF 69 and Robert Roffey, ECF 78.

17. One claimant, SOBE-IT 440, LLC, has claimed property damage as a result of the 

Incident. ECF 61.

18. The Vessel itself was damaged during the incident.

19. PETITIONER commenced an acting seeking exoneration from or limitation of 

liability pursuant to 46 U.S.C. 30505 et seq. ECF 57

20. No act or omission by PETITIONER contributed in any way to the cause of the

Incident.

21. The aforesaid injuries and damages were not caused or contributed to by any

fault, negligence or lack of due care by PETITIONER or the Vessel.

22. The aforesaid injuries and damages were done, occasioned and incurred without

the privity and knowledge of PETITIONER.

23. Rather, the aforesaid injuries and damages were done, occasion and incurred 

solely due to the unauthorized use of the Vessel by TORRES.

24. All conditions precedent to this action have been met or waived.

COUNT I - CONVERSION

25. Petitioner readopts and realleges paragraphs 1 – 24 as if fully asserted herein.

26. At the time of the incident, TORRES intentionally and knowingly exercised 

dominion over Petitioner’s Vessel.

Case 1:20-cv-21859-CMA Document 86 Entered on FLSD Docket 08/07/2020 Page 3 of 7
Case No.: 20-CV-21859-ALTONAGA 

PAGE 4

HORR, NOVAK & SKIPP, P.A.

TWO DATRAN CENTER, SUITE 1700 - 9130 SOUTH DADELAND BOULEVARD - MIAMI - FLORIDA – 33156

27. At the time of the incident, TORRES did not have Petitioner’s authorization, 

consent, or permission, either express or implied, to exercise dominion over the Vessel.

28. Rather, without Petitioner’s authorization, consent, or permission, either express 

or implied, to exercise dominion over the Vessel, TORRES undertook to start the vessel, 

operated it on the navigable waters of the United States, and cause damage to other vessels and 

persons, and the Vessel itself.

29. As a proximate result of TORRES’ conversion of the Vessel, Petitioner and his 

Vessel where damaged.

30. As a proximate result of TORRES’ conversion of the Vessel, multiple claimants 

have asserted claims against the Petitioner and the Vessel.

WHEREFORE, Petitioner demands judgment for damages against Third Party Defendant 

TORRES, including pre-judgment interest, costs, and attorney’s fees, as permitted by law, as 

well as any further relief that this Court deems just and proper under the circumstances.

COUNT II - NEGLIGENCE

31. Petitioner readopts and realleges paragraphs 1 – 24 as if fully asserted herein.

32. TORRES, as operator of the Vessel at the time of the incident, owned a duty to 

exercise reasonable care in the operation and navigation of the Vessel.

33. At the time of the incident, TORRES breached that duty of care in multiple ways, 

including:

A. Failing to comply with statutory and regulatory standards for operating a 

Vessel on navigable waters;

B. Failing to comply with Navigational Rules for Inland Waters,

Case 1:20-cv-21859-CMA Document 86 Entered on FLSD Docket 08/07/2020 Page 4 of 7
Case No.: 20-CV-21859-ALTONAGA 

PAGE 5

HORR, NOVAK & SKIPP, P.A.

TWO DATRAN CENTER, SUITE 1700 - 9130 SOUTH DADELAND BOULEVARD - MIAMI - FLORIDA – 33156

C. Failing to operate the vessel in a reasonable, safe and careful manner,

D. And other acts of negligence as will be determined through discovery.

34. As a proximate result of TORRES’ breach of the aforementioned duties, 

Petitioner and his Vessel where damaged.

35. As a proximate result of TORRES’ breach of the aforementioned duties, multiple 

claimants have asserted claims against the Petitioner and the Vessel.

WHEREFORE, Petitioner demands judgment for damages against Third Party Defendant 

TORRES, including pre-judgment interest, costs, and attorney’s fees, as permitted by law, as 

well as any further relief that this Court deems just and proper under the circumstances.

COUNT III – CONTRIBUTION

36. Petitioner readopts and realleges paragraphs 1 – 24 as if fully asserted herein.

37. TORRES, as operator of the Vessel at the time of the incident, owed a duty to 

exercise reasonable care in the operation and navigation of the Vessel.

38. At the time of the incident, TORRES breached that duty of care in multiple ways, 

including:

A. Failing to comply with statutory and regulatory standards for operating a 

Vessel on navigable waters;

B. Failing to comply with Navigational Rules for Inland Waters,

C. Failing to operate the vessel in a reasonable, safe and careful manner,

D. And other acts of negligence as will be determined through discovery.

Case 1:20-cv-21859-CMA Document 86 Entered on FLSD Docket 08/07/2020 Page 5 of 7
Case No.: 20-CV-21859-ALTONAGA 

PAGE 6

HORR, NOVAK & SKIPP, P.A.

TWO DATRAN CENTER, SUITE 1700 - 9130 SOUTH DADELAND BOULEVARD - MIAMI - FLORIDA – 33156

39. As a proximate result of TORRES’ breach of the aforementioned duties, multiple 

claimants have asserted claims against the Petitioner and the Vessel, including Joseph Whelan, 

ECF 69, Robert Roffey, ECF 78, and SOBE-IT 440 LLC, ECF 61.

40. The aforementioned Claims against Petitioner and the Vessel were occasioned 

due solely to the fault and/or negligence of TORRES, and not by any action or inaction of 

Petitioner of the Vessel.

41. Nevertheless, Whelan, Roffey and SOBE-IT have sued Petitioner for damages 

resulting from TORRES’ actions and/or negligence.

42. Additionally, Petitioner has incurred the costs of defense relating to the claims 

brought against him.

43. Accordingly, Petitioner is entitled to contribution from TORRES for the damages 

sought by the claimants as a proximate result of TORRES’ negligence and conversion of the 

Vessel.

44. In addition, Petitioner is entitled to damages from TORRES for the costs and 

expenses he has incurred and continues to incur in connection with defending against the claims 

by the Claimants in this action.

WHEREFORE, Petitioner demands judgment for damages against Third Party Defendant 

TORRES, including contribution, pre-judgment interest, costs, and attorney’s fees, as permitted 

by law, as well as any further relief that this Court deems just and proper under the 

circumstances.

Submitted this 7th day of August, 2020.

Case 1:20-cv-21859-CMA Document 86 Entered on FLSD Docket 08/07/2020 Page 6 of 7
Case No.: 20-CV-21859-ALTONAGA 

PAGE 7

HORR, NOVAK & SKIPP, P.A.

TWO DATRAN CENTER, SUITE 1700 - 9130 SOUTH DADELAND BOULEVARD - MIAMI - FLORIDA – 33156

Respectfully submitted,

s/Craig P. Liszt

Craig P. Liszt

Florida Bar No. 63414

cliszt@admiral-law.com

HORR, NOVAK & SKIPP, P.A.

Two Datran Center, Suite 1700

9130 South Dadeland Blvd.

Miami, FL 33156

Telephone: (305) 670-2525

Facsimile: (305) 670-2526

Attorneys for Petitioner

SERVICE LIST

Robert D. Peltz, Esq. 

The Peltz Law Firm 

P.O. Box 56-6556

Miami, FL 33256

Email: RPeltz@gmail.com

Attorney for Claimant, Joseph Whalen

Sidney A. Goldberg, Esq. 

Goldberg & Hirsch, P.A. 

3020 Sun Trust International Center 

One S.E. Third Avenue

Miami, FL 33131

Email: SGoldberg@goldberghirshpa.com

Co-Counsel for Claimant, Joseph Whalen 

John W. Keller, III, Esq. 

Sheyla Mesa, Esq. 

Keller & Mesa, LLP

121 Majorca Avenue, #200

Coral Gables, FL 33134

Email: jkeller@kellermesa.com

Email: smesa@kelleresa.com

Attorney for Claimant, SoBe-It 440, LLC

Mustafa Dandashly, Esq. 

Goldberg & Rosen, P.A. 

1111 Brickell Avenue – Ste 2180

Miami, FL 33131

Email: pleadings@goldbergandrosen.com; 

mhd@goldbergandrosen.com; 

evelyn@goldbergandrosen.com

Attorney for Claimant, Robert Roffey 

Case 1:20-cv-21859-CMA Document 86 Entered on FLSD Docket 08/07/2020 Page 7 of 7