IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

IN ADMIRALTY

CASE NO.: 1:20-cv-21859-CMA

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,

/

SOBE-IT 440, LLC, 

Third Party Plaintiff, 

v.

IRAN FLEITAS and 

ALLISON DILLON-TORRES, in personam,

and, the 2019 40’ BENETEAU Motor

Yacht bearing Hull Identification

No. BENER159L819, in rem,

Third Party Defendants.

/

SOBE-IT 440 LLC’S AMENDED THIRD PARTY COMPLAINT

Claimant/Third Party Plaintiff, SOBE-IT 440 LLC (herein “SOBE-IT”), by 

and through its undersigned attorneys and in accordance with Fed. R. Civ. P. 14 and

the Supplemental Admiralty Rules, hereby sues Third Party Defendants, IRAN 

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FLEITAS (herein “FLEITAS”) and ALLISON DILLON-TORRES (herein 

“TORRES”), and, the 2019 40’ Beneteau Motor Yacht bearing Hull Identification 

No. BENER159L819, in rem, and as and for its Amended Third Party Complaint 

herein, alleges:

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

Court under the provisions of 28 U.S.C. § 1333 and is brought within the meaning 

of Supplemental Rule F(5) and C, and Rule 14, Federal Rules of Civil Procedure.

2. At all times material, Defendant vessel, described as a 2019 40’ 

Beneteau Motor Yacht bearing Hull Indemnification No. BENER159L819 (herein 

“BENETEAU”), is and was a pleasure vessel operating on the navigable waters of 

the United States, within this district, in Miami-Dade County, Florida, and owned 

by Petitioner, JOSE GARCIA (herein “GARCIA”).

3. At all times material, SOBE-IT owned the M/Y SOBE-IT, a Motor 

Yacht documented under the laws of the United States of America with the United 

States Coast Guard National Vessel Documentation Center, Official No. 1233995, 

known as a 45’ Sea Ray (herein “Sea Ray”).

4. At all times material, SOBE-IT is and was a Florida Limited Liability 

Company organized and existing pursuant to the laws of the State of Florida and 

maintained its principal place of business at its assigned slip in the marina located at

300 Alton Road, Miami Beach, Miami-Dade County, Florida.

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5. All conditions precedent to the assertion of these claims against Third

Party Defendants have occurred, been performed, or have been waived.

Count I - Unseaworthiness Against BENETEAU

6. SOBE-IT realleges and reavers each and every allegation contained in 

paragraphs 1 through 5 above, as if fully set forth herein.

7. At all times material on March 8, 2020, GARCIA, as owner, was and 

remained in possession, custody, and control of Third Party Defendant, 

BENETEAU, and, responsible to supervise, direct and control his authorized and 

appointed operator, FLEITAS, and, those other persons he invited or allowed to be 

on board.

8. At all times material on March 8, 2020, FLEITAS acted as GARCIA’s

designated operator of BENETEAU, and/or, as one of GARCIA’s guests.

9. During the day of March 8, 2020, with permission from GARCIA, 

FLEITAS and TORRES boarded the BENETEAU and consumed excessive amounts 

of alcoholic beverages, and upon information and belief, drugs or medications, either 

served by, permitted or provided by GARCIA. Said alcoholic beverages and drugs

or medications were consumed both onboard BENETEAU and ashore for prolonged 

periods of time prior to the allision alleged herein, under circumstances where 

GARCIA and FLEITAS knew or should have known that the amounts consumed 

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were excessive and would lead to impairment of the faculties of GARCIA, FLEITAS 

and others onboard or in proximity to BENETEAU.

10. At all times material, FLEITAS was unlicensed and lacked the 

education, skill, experience, qualifications, and training necessary to safely operate 

or otherwise be responsible for the safety of BENETEAU and those connected 

therewith or those with whom the yacht may have interacted or come in contact, and 

GARCIA knew or should have known these things about FLEITAS.

11. Despite the obvious impairments, due to consumption of inebriants and 

other mind altering drugs or medications, of FLEITAS and others, GARCIA took 

no corrective action whatsoever and continued to have FLEITAS be responsible to

operate and be otherwise in control of the safety of BENETEAU and those connected 

therewith and those with whom the yacht may have interacted or come in contact.

12. On or about March 8, 2020, the Sea Ray owned by SOBE-IT, was and 

for some time had been, appropriately tied up and secured to the dock at the 

Casablanca Restaurant on the Miami River in Miami-Dade County, Florida.

13. GARCIA’S yacht, Third Party Defendant BENETEAU, at some point 

in time was also tied up and secured to the Casablanca Restaurant dock a number of 

feet off the stern of the Sea Ray with its bow pointed in the direction of the Sea Ray.

14. Unbeknownst to any of the persons onboard the Sea Ray, GARCIA and 

FLEITAS left BENETEAU in a totally unsecured condition, under circumstances 

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where it was reasonable to foresee that impaired and irrational persons, or persons 

of evil motive, in the vicinity of BENETEAU had the unfettered abilities to take 

control and operate said yacht (especially those who were invited or allowed on 

board during the voyage of BENETEAU), without permission, in unsafe manners, 

without regard to the inland rules for prevention of collisions at sea or other safety 

rules and regulations, and without regard to the exercise of due care.

15. GARCIA and FLEITAS left BENETEAU with its engines running or 

capable of being started and run, and otherwise failed to secure the vessel against 

operation by any person, including those inebriated or otherwise impaired persons

who were brought on board during the voyage of BENETEAU.

16. As a result, TORRES and/or another person coming on board during 

the voyage of BENETEAU, undertook to operate the BENETEAU, placed the 

controls in gear, increased the throttle, and applied so much thrust that BENETEAU 

was caused to break its dock lines and/or the dock structure to which the lines were 

secured, increasing speed forward to the point of allision.

17. The properly tied-up and secured Sea Ray, which was not capable of 

being maneuvered because its engines were shut down and no person was at its 

controls, was violently struck by the BENETEAU as it accelerated and rose up on 

its planing steps, causing substantial damages.

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18. At all times material, GARCIA had a nondelegable duty to provide and 

maintain a seaworthy vessel for and during the intended voyage. This duty included 

that the vessel was fit for its intended purposes, staunch, strong, well equipped, and 

manned by a competent and skillful operator of sound judgment and discretion, with 

proper license and the education, skill, experience, qualifications, and training 

necessary to safely operate and otherwise be responsible for the safety of 

BENETEAU and those connected therewith or those with whom the yacht may have 

interacted or come in contact. 

19. At all times material, GARCIA, himself, remained in charge and 

command of and responsible for BENETEAU and the safety of all with whom 

BENETEAU may come in contact, and he became incompetent, inebriated, and 

otherwise impaired, disabling his ability to act as a reasonable yacht owner or 

otherwise prevent the vessel from becoming unseaworthy, whereby BENETEAU 

became and remained unseaworthy.

20. The unseaworthy condition of BENETEAU was caused by the fault, 

neglect, action, omissions, or inactions of GARCIA by failing to maintain the vessel 

in a reasonably safe condition, failing to properly maintain security of the vessel, 

failing to observe safe practices in the safety and security of the vessel, failing to 

have sufficient and properly trained crew and unimpaired crew onboard the vessel, 

making or allowing intoxicating beverages and drugs or medications to be available 

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to persons on board BENETEAU without limiting intake, permitting persons to 

remain on board after intake of excessive amounts of inebriating or other 

intoxicating substances, and failing to secure against the unauthorized operation of 

the vessel under the circumstances.

21. As a proximate result of BENETEAU’s unseaworthiness, BENETEAU 

was operated by an incompetent or otherwise impaired individual, who was not 

properly supervised and who caused BENETEAU to strike, and otherwise allide 

with, the Sea Ray, resulting in physical damage to the Sea Ray and additional losses 

to SOBE-IT.

22. SOBE-IT has a lien against BENETEAU by reason of BENETEAU’s 

unseaworthiness, and the actionable conduct of GARCIA and FLEITAS, resulting 

in damage to its vessel, Sea Ray, and other losses thereby sustained.

23. The property damages sustained by SOBE-IT exceed $300,000.00, 

exclusive of interest, costs, and attorney’s fees.

24. The losses SOBE-IT has further sustained include loss of charter hire, 

loss of use, salvage expenses, environmental protection expenses, dockage for the 

damaged vessel, and such other and further expenses for monitoring, dockage, and 

handling of the vessel into the future. The damages sustained by SOBE-IT are 

ongoing, in that, the Sea Ray is inoperable but must nonetheless be safely docked 

and secured, in a fashion which is calculated to prevent environmental harm and

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secure the vessel safely to be sold or transferred to a third party, or scrapped or 

otherwise cannibalized.

WHEREFORE, SOBE-IT, in addition to its demand for judgment in its 

Amended Claim against GARCIA, in personam, demands judgment against, 

BENETEAU, in rem, 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. SOBE-IT further demands judgment whereby the Petition 

for Exoneration From or Limitation of Liability is denied, with prejudice, and that 

judgment be entered without respect to exoneration from or limitation of GARCIA’s

liability to pay its damages. In addition, SOBE-IT demands that in rem process in 

due form of law, according to the practices of this Honorable Court in accordance 

with Rules C of the Supplemental Rules for Certain Admiralty and Maritime Claims, 

in causes of admiralty and maritime jurisdiction, may issue for the arrest of the 

BENETEAU, her engines, tackle and appurtenances, etc., and that all persons having 

or claiming any interest therein be cited to appear and answer, under oath, all and 

singular the matters aforesaid; that SOBE-IT have a decree for its damages aforesaid, 

with interest and costs; and that the BENETEAU be condemned and sold to satisfy 

SOBE-IT’s judgment. 

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Count II -- Against FLEITAS

25. SOBE-IT realleges and reavers each and every allegation contained in 

paragraphs 1 thru 5, 7 thru 17, 20, 23, and 24 above, as if fully set forth herein.

26. This Court may also exercise jurisdiction over this Third Party 

Complaint pursuant to 28 U.S.C. § 1367, in that, it arises out of the same transactions

and occurrences as partially alleged in GARCIA’s Amended Complaint for 

Exoneration From or Limitation of Liability filed in this action.

27. The events, acts, and circumstances giving rise to this action all 

occurred within the State of Florida, on the navigable waters of the United States, in 

Miami-Dade County, Florida, in the course of traditional maritime activities.

28. At all times material, Third Party Defendant, FLEITAS, is and was a 

permanent resident of Miami-Dade County, Florida and is otherwise a resident in 

this district.

29. Venue is proper in the United States District Court for the Southern 

District of Florida as at all times material hereto, the vessels involved were and 

continue to be in the State of Florida within this district and the incident taking place 

on or about March 8, 2020, as partially alleged in the Amended Complaint, as well 

as SOBE-IT’s Claim and Third Party Complaint, occurred in this district.

30. At all times material, FLEITAS had a duty to maintain BENETEAU in 

a seaworthy condition, to exercise reasonable care in maintaining the vessel’s safety 

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and security, to exercise reasonable care to prevent unauthorized third parties from 

operating the vessel, and to exercise reasonable care to assure that any operator was 

competent and free of impairment, and otherwise fully capable of operating the 

BENETEAU with reasonable care for the safety of others, including SOBE-IT and 

its property.

31. FLEITAS owed the general public, including SOBE-IT, the duties to 

exercise reasonable care under the circumstances and to abide all statutes, rules and 

regulations governing navigation on the Miami River, and breached those duties in 

the following particulars:

a. Leaving the vessel in a fully operational condition, unsecured;

b. Failing to take any action to prevent said vessel from being fully 

operational by anyone who might be present;

c. Permitting incompetent, inebriated or otherwise impaired 

individuals to be aboard the vessel when he knew or should have 

known said persons were in such conditions that irrational behavior 

was foreseeable, without taking proper precautions to prevent those 

individuals from taking control of and otherwise operating the 

BENETEAU;

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d. Failing to take actions to prevent individuals who were incompetent, 

inebriated, or otherwise impaired from being capable of taking over 

the controls and operating said vessel;

e. Permitting the vessel to become unseaworthy by reason of crew or 

other persons onboard being so incompetent, inebriated, or 

otherwise impaired as to constitute a danger to themselves and 

others by reason of the foreseeable, irrational misconduct alleged 

herein; and,

f. Allowing BENETEAU to be accessed by a person or persons to 

whom he had served, allowed, or otherwise made available 

inebriating beverages or controlled substances.

32. In the course of the events alleged above, BENETEAU was operated 

by TORRES without regard to due care, in violation of the inland rules for the 

prevention of collisions, in violation of the standards promulgated in the Florida 

Statutes, in violation of the navigational rules applicable to the Miami River, without 

proper lookout and at an excessive rate of speed under the circumstances and in 

violation of a no wake zone.

33. At the time of these events, TORRES was inexperienced, incompetent, 

inebriated, and otherwise impaired, whereby the BENETEAU was propelled directly 

into the properly tied up and secured Sea Ray.

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34. As a proximate result of the neglect, fault, errors, omissions, or 

inactions of FLEITAS, BENETEAU was operated by an incompetent or otherwise 

impaired individual, who caused BENETEAU to strike, and otherwise allide with, 

the Sea Ray, resulting in damage to the Sea Ray and losses to SOBE-IT.

35. In addition, as a proximate result of negligence and the other breaches 

of duty alleged above by FLEITAS , SOBE-IT has been further damaged in the way 

of loss of charter hire, loss of use, salvage expenses, environmental protection 

expenses, dockage for the damaged vessel, and such other and further expenses for 

monitoring, dockage, and handling of the vessel into the future.

36. The damages sustained by SOBE-IT are ongoing, in that, the Sea Ray 

is inoperable but must nonetheless be safely docked and secured by SOBE-IT, in a 

fashion which is calculated to prevent environmental harm, and, secure the vessel 

safely to be sold or transferred to a third party, cannibalized or otherwise scrapped.

WHEREFORE, SOBE-IT, demands judgment for damages against Third

Party Defendant, FLEITAS, in personam, 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.

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Count III – Against TORRES

37. SOBE-IT realleges and reavers each and every allegation contained in 

paragraphs 1 thru 5, 7 thru 17, 20, 23, 24, 26, 27, and 29 above, as if fully set forth 

herein.

38. At all times material, Third Party Defendant, TORRES, is and was a 

permanent resident of Miami-Dade County, Florida and is otherwise a resident in 

this district.

39. Third Party Defendant, TORRES, owed the general public, including 

SOBE-IT, the duties to exercise reasonable care under the circumstances and to 

abide all statutes, rules and regulations governing navigation on the Miami River, 

and breached those duties in the following particulars:

a. Becoming inebriated or otherwise impaired and being otherwise 

incompetent, she undertook to operate BENETEAU; and,

b. By undertaking to operate and in fact operating BENETEAU, she

placed the controls in gear, increased the throttle, and applied so 

much thrust that BENETEAU was caused to break its dock lines 

and/or the dock structure to which the lines were secured, increasing

speed forward to the point of allision with the properly tied-up and 

secured Sea Ray, which was not capable of being maneuvered 

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because its engines were shut down and no person was at its 

controls.

40. As a proximate result of the neglect, fault, and errors of TORRES, 

BENETEAU was operated without due care, in an unreasonably dangerous fashion, 

causing BENETEAU to strike, and otherwise allide with, the Sea Ray, resulting in 

damage to the Sea Ray and losses to SOBE-IT.

41. In addition, as a proximate result of negligence and the other breaches 

of duty by TORRES alleged above, SOBE-IT has been further damaged in the way 

of loss of charter hire, loss of use, salvage expenses, environmental protection 

expenses, dockage for the damaged vessel, and such other and further expenses for 

monitoring, dockage, and handling of the vessel into the future.

42. The damages sustained by SOBE-IT are ongoing, in that, the Sea Ray 

is inoperable but must nonetheless be safely docked and secured by SOBE-IT, in a 

fashion which is calculated to prevent environmental harm, and, secure the vessel 

safely to be sold or transferred to a third party, cannibalized or otherwise scrapped.

WHEREFORE, SOBE-IT, demands judgment for damages against Third

Party Defendant, TORRES, in personam, 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.

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DEMAND FOR JURY TRIAL

SOBE-IT respectfully demands trial by jury, or in the alternative, advisory 

jury.

Dated: July 24, 2020. 

Respectfully submitted,

KELLER & MESA, LLP

Attorneys for SoBe-It 440, LLC

121 Majorca Avenue, #200

Coral Gables, FL 33134

Telephone: (305) 529-8500

Telefax: (305) 529-0228

Email: jkeller@kellermesa.com

By: s/ John W. Keller, III 

 John W. Keller, III

 Florida Bar No. 229989

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