Doesnt anyone else remember the projected storm track published on
the 24th ( I think it was way back in this thread ) that showed
the overwhelming probability of the storm curving out into the Atlantic
without comming ashore ?
One of the outstanding characteristics of this storm from its inception was the lack of consensus on its probable track. The European model and others showed it hitting the east coast anywhere from Va. Beach to N.Y. early on, before it hit Cuba. There was a huge cone of probable tracks.
There is simply no excuse for leaving port when he did. Human life is more important than saving property. It does not really matter what he did after he left port, other than his choice to head South toward the storm, and his failure to seek a port after leaving.
It also does not matter what a great guy he was, or how outstanding his seamanship was, or what experienced yachtsman think about his plans.
This case will be decided by a jury of ordinary people, with competing expert witnesses testifying about whether he failed to meet the standard of a reasonably PRUDENT professional captain.
Even if the ship sank due to material failure, or a freak wave, or mechanical breakdown, it does not matter. Those are all things that are reasonably foreseeable by a prudent professional captain who heads out in that kind of weather.
I believe a jury can easily find the causal connection to this tragedy. The only issue will be damages.