It has been said of Edgartown Harbor that there are the haves and the have-yachts.
And amid all that extraordinary wealth, represented by the fleet of oversize motorboats with multiple outboard engines, and the grand schooners with polished teak decks, there is one $30 million superyacht out of Newport, R.I., named the Ruffian that showed itself to have little regard for a much smaller, local fishing boat named Payback that was badly damaged when the Ruffian crashed into it.
The local Islander who owns Payback makes his living on the water, and now he is fighting to get badly needed compensation for damages caused to his vessel, and to make up for lost wages from the June 2 accident. In other words, the Payback’s captain, Donald Benefit, 66, is looking for, well, payback.
To be precise, Benefit, a conch and charter fisherman, originally looked for a total of nearly $300,000 to repair his boat and make up for losses suffered by his business at the height of the season. The yacht owner’s attorney has offered only $23,000 for compensation. So far, Benefit says, he has not received a penny of compensation.
Benefit’s attorney recently revised the compensation request to a lower amount in order to expedite repairs, so that he can get back to status quo.
The incident not only damaged Payback, but also amounted to an estimated thousands of dollars in further damages to a dinghy and a docking system, which the yacht also crashed into.
Benefit is a born-and-raised Islander, and working fisherman. He says his entire life is his boat, a 36-foot commercial fishing vessel. Besides harvesting conch and chartering fishing trips, Benefit often takes the elderly out on his boat for fishing trips in what might be some of the last years of their lives.
He maintains that his livelihood, however, was disrupted by the incident, caused by the yacht, partly owned by a multimillionaire, three times the size of his boat, and worth 200 times the amount.
“He’s really screwed up my life this summer,” Benefit put it.
Negotiations between legal representation for both parties have not been able to reach an agreement on the cost of damages, which both a surveyor and Environmental Police officer reported were because of the yacht, and compensation for four weeks’ worth of work lost at the start of summer.
On June 2, the wind was blowing southwest about 7 to 13 miles per hour when the 125-foot Ruffian started down the main channel of the harbor.
Locals at a memorial service at the Edgartown Yacht Club said the Ruffian came through the crowded waterway at a good pace, around seven or eight knots. One observer pulled out his phone to record, on a hunch that something was about to go wrong.
And he was right. It was just about low tide when the yacht made an operational error near the Atlantic Fish & Chop House while attempting to park at Harborside Docks, where the boat was supposed to stay for three days.
The vessel came in closer to the yacht club instead, and in more than one effort to back up and move over to the correct dock, the yacht crashed into the club’s docking system, a dinghy, and Payback. A “sickening crunch” can be heard from videos taken as the yacht crushed the smaller boat onto the dock, one man who was at the scene told The Times.
Benefit had gone fishing that day, and after he parked his boat next to the yacht club, he went home for a break.
In the middle of his coffee, he got an urgent call from Charlie Blair, the longtime Edgartown harbormaster.
“You get down here. They just crushed your boat,” Benefit said Blair told him.
Observers say that when the Ruffian attempted to move back and over toward Harborside Docks, the vessel reversed straight alongside where Payback was secured. If compared to an automobile accident, the Ruffian sideswiped Payback, one observer said.
The captain shouldn’t have backed up, said Ed Holmes, Harborside dock master for the past 11 years, and captain for 40 years on commercial vessels and private yachts. Holmes was waiting on the Harborside Docks for the Ruffian’s arrival at the time of the incident.
Payback’s hauling davit, used to lift and lug equipment, was bent, and the mounting fasteners were pulled free from the boat’s deck. Decking was also pulled free from the deck of the boat, and the roof extension on the starboard side was pulled free from the roof, according to a survey done at Niemiec Marine in New Bedford. The 8D battery below deck was also dislodged, and there was cracked tabbing along the thwart below the propeller shaft as well as on the waterway support knees, a form of bracing in boatbuilding.
The superyacht was captained by William Biggs at the time of collision, according to Rachel Self, a local attorney who is representing Benefit pro bono.
Biggs could not be reached for comment by email or phone. The boat is currently anchored in Newport, according to marine traffic tracking.
Randall Pittman is the owner of the yacht, according to Self. He is CEO of Forest Health Medical Center in Michigan, believed to be worth more than $100 million dollars, Self said. The vessel is owned in name by Eyrie Holdings, LLC, according to the incident report filed by Sgt. Matthew Simmons, Massachusetts Environmental Police officer.
After attempting to reach Pittman by email, The Times was contacted by his legal representation. Laurence Lenz, an attorney for Pittman’s company, confirmed that Pittman is one owner of Eyrie Holdings, LLC.
Bill Roman, manager of the yacht club, said he was promised payment for damage to the repairs of the docking system, and was told the check was on the way, but he had yet to have the money as of Friday. He sent an invoice of just under $2,000.
Shep Murray, co-founder and CEO Vineyard Vines, also had his dinghy damaged, but has been compensated, according to both Self and Lenz.
Though Lenz said efforts to compensate those affected were immediately taken within a few days, Self said they never proactively reached out.
Once connected, Self sent over an initial demand of $282,549.06, an estimation of repairs based on what they believed to be wrong with Benefit’s boat, as well as 14 weeks’ worth of conch wages and chartering income lost. Lenz said the amount was “unreasonable.”
The attorney argues that the damage wasn’t necessarily caused by the yacht, insinuating some damage was because of the boat’s age. “It’s a very old boat,” he said.
Benefit purchased Payback in 2006 as a 2000 model. The 36-foot Wayne Beal commercial lobster boat has a single Cummins 450 CTA six-cylinder inboard diesel propulsion engine.
The initial damage survey eventually estimated that Benefit would need to shell out $26,984.76 to fix his vessel. That number doesn’t include more damages he’s discovered recently, including leaking windows and a hatch door that won’t close. It also cost $1,276.56 to haul the boat, and $272.50 to survey the boat, which were paid out-of-pocket by Benefit.
Pittman’s legal representation also had problems with the claims made of lost income. They are exorbitant and unfactual, Lenz said.
Lenz gave a counteroffer of $23,000, a far cry from the nearly $300,000 Benefit was asking.
“That’s not for my time. That’s not for the haul. That’s just for fixing the boat,” Benefit said. And that wouldn’t actually cover repairs.
From June to September is Benefit’s busy season. He said that he typically conducts three to five charters a week at $800 per trip, and hauls about 800 pounds of conch four days a week, at about $3.50 per pound. Benefit estimated he lost $50,000 in income for the four weeks out of work, but because he missed the summer conching season, he probably lost much more.
The supposed lost income is not something that was explained, and “from our understanding would be extremely difficult, considering the area we’re talking about,” Lenz responded. The initial demand letter included a breakdown of estimated income lost.
After the survey was done and he got the go-ahead after about four weeks, Benefit was able to start taking charters, but he’d already lost the beginning of the summer. The conch season is also basically over until the fall now, and there’s no sense putting in the gear, he said.
“This is not time he can make up once the boat is repaired,” Self said. “We are a seasonal economy. Once the summer is gone, it is gone.”
Benefit isn’t in a position to front the total cost of repairs. He was able to fix the davit with a few friends, but Benefit has yet to be made whole.
“My boat isn’t my boat,” he said. “I still can’t swallow it all.”
Self said she countered with a lower amount, closer to $100,000, than the initial demand, but hasn’t heard back from Pittman’s legal team since, and she’s never heard from the captain. They also continue to refuse to provide insurance information, she said.
Lenz confirmed that he hadn’t spoken to Self since their proposal of $23,000 was offered.
Benefit said that he’s partially frustrated because the money he feels he’s owed is minimal compared with the wealth of the yacht’s owner. “I’m one fuel-up to him,” Benefit said. “He wouldn’t even know it’s going out of his checkbook.”
The yacht never actually docked in the harbor. A tugboat came, but the damage was already done. The captain eventually got the boat out, and drove it to Vineyard Haven, then back to Newport.
Massachusetts law says that the operator of the vessel involved in the collision is obligated to give their name, address, and identification of the vessel to any person injured and to the owner of any property damaged in the boating accident before they leave the scene. It is unclear whether this happened.
It also requires the operator or owner of a recreational vessel to immediately notify and file a boating accident report with the Environmental Police if damage exceeds $500 within five days of the incident.
Self wasn’t sure if an accident report was filed by the owner or captain. She reached out to the assistant master chief Coast Guard, Michael St. Louis, assigned to the investigation of the incident, but hit an access roadblock.
In some cases, a drug test is also required for the operator of a vessel within a certain amount of hours after the accident, if requested by law enforcement.
Lenz said that the incident was reported and documents were submitted on time to the proper authorities. He said that a drug test was taken at a local hospital, and came back negative.
Now Benefit has to decide when to get his boat fixed, during which the vessel will be laid up for at least another week.
“I’m putting out all this money and not making any,” he said. Benefit decided to get started early on maintenance for the town dredge, which he runs, to balance his lost income. He normally starts in the fall.
“This is a story that has sadly become all too common on our Island, where housing is in increasingly short supply and resources are monopolized more and more by the few,” Self said. “The ultrarich are not satisfied to push Island natives off the land — now they have to push them out of the water too.”
The attorney stating that “it’s a very old boat” is completely rude and disrespectful.
Would he say the same if they hit the USS Constitution?!
Donnie has kept that boat extremely well maintained and immaculate. He deserves every bit of compensation he’s requested.
Replacement cost of his boat would be well over the $300k, if the hull is comprised from being crushed.
I caught that comment, too. Nothing like victimizing the victim. Donnie’s boat must be female for talk like that from their lawyer. I hope he gets a brand new boat out of this. It’s easy to see that the boat was being crushed and this is a structural integrity issue. This accident never should have happened. They probably would prefer that he apologize for being in their way.
Exactly…
That’s the first thing I thought, how rude to say, it’s an old boat…. I have an old bus and that sucker has been running until that rotten mechanic ruined it…. I know exactly how Donny feels…. The old boat was certainly running and making him a living….. Deep pocket deep uncaring
Find it hard to believe that boat doesn’t have bow thrusters/ side thrusters and relied on reverse only. Why aren’t fenders down while operating within the wharf? Hope Payback gets all he’s entitled to.
Honestly, as much as this clearly is in error of the wealthy boat owner, the local seems to be on a gold-digging hunt because he knows the yacht owner is wealthy and that never ends well—he will learn. It’s hard to imagine he would have pegged a figure so high if this accident had been with a boat of his size or little over—or less.
I feel badly for him and think he most certainly is entitled to recompense, but to me it is clear the yacht sees the dollar signs in Benefit’s eyes—not something locals are unaware of in the summertime whatsoever—and sees through them. This is just one of many fish who has thought to sue/ask for lots of money after a dispute because they’re wealthy. It’s hardly their first rodeo with someone who wants to make a play for a large amount. The disregard in calling for “one fuel up” sort of says right there, “it’s nothing to him, give me the money!” Well, that’s not how it works, Benefit also doesn’t know it’s nothing to him, without knowing financial details, and my guess is he’s going to learn the hard way—he sort of has already, whether it’s hotels and golf courses or the CEOs of Fortune 500 companies, they have all seen this movie many times.
Thomas, go look at replacement cost for a down easter like that. 275K-300K is spot on. i had a heart attack pricing boats a few months ago. Wrap his lost wages, loss of delivery to his vendors, repair time etc…. its not gold digging, its getting what will get you back to square one…that boat will NEVER be the same. Structural integrity had been compromised and likely taken even more years off it’s life. Not to mention when something fails down the road and the yacht owner is long gone.
Hey Thurston Howell the 3rd….. I don’t think you’re gonna get much sympathy for the CEO of a hospital in Michigan with what Stewart Healthcare is currently doing in this state.
“This is a story that has sadly become all too common on our Island, where housing is in increasingly short supply and resources are monopolized more and more by the few,” Self said. “The ultrarich are not satisfied to push Island natives off the land — now they have to push them out of the water too.” Wait a minute. Isn’t this the same Rachael Self trying to keep OSVs off of Chappy beaches/Cape Poge?
Sue this jerk for every nickel you can get! These millionaires need to realize they cannot run over hard working class, people. Go get them, Donnie!
As one would anticipate from the “Ruffians” name the yacht owners clearly like to have the upper hand. That said why don’t you just do the right thing and make a local fisherman whole? What’s the point of having more money than God if you cant just do the right thing at this time in your life?
How much stuff and money do you need? Step up and leave a good impression with an island you apparently like to visit. God Bless.
From my understanding of what occurred, and the back and forth between lawyers, Self should up the ante, not pull back on her “request.”
Take these jokers to court and sue the pants off them.
Demand compensation for repairs and lost business, plus punitive damages for negligent handling of the Ruffian in close quarters, plus mental anguish.
Demand $2 million, then accept an offer of $1 million.
Maybe the Ruffian (what a name) and her skipper will stay in Newport next time.
In a vehicle accident the driver is required to be tested on the spot.
Why was it not mandatory for the Captain?
How would anyone know IF the person at the controls was ACTUALLY tested or IF someone else was tested in his place?
Sounds pretty suspicious and dishonest to me.
You don’t leave the scene of an accident you caused unless you have something to hide.
Was this due to inexperience, under the influence of something, or quite possibly poorly maintained boat (just too much for the licenced captain to handle).
I’m assuming that there was no insurance in place for Payback? Business interruption insurance covers lost income. The hull policy would cover physical damage to the vessel itself. And the insurance company would be fighting the owner of the yacht through subrogation instead of a lawyer taking it on pro bono.
Don Beefit has also operated the dredge. A vessel which is maintained in seaworthy condition does not depreciate and takes knowledge and hard work. When the windmills were kept out of the sound, (Save Our Sound), all of the fishermen worked together, which was akin to herding cats, but accomplished the mission. I was privileged to be the secretary of the Dukes County Fishermen’s Association during that time, which makes me think that the current association could possibly help Mr. Benefit with this situation.
It’s amazing to see, aside from one comment from Thomas Barrett, the bloodlust in going after and suing the yacht owner. It’s ugly. And Benefit is probably going to learn a tough lesson: when they see dollar signs in your eyes, they won’t give you a dime. The yacht owner is at fault, no question, but this is hardly a David and Goliath story, is he being treated fairly? Like Thomas Barrett said, whether it’s those who own hotels and golf courses or CEOs, they have seen this movie before and we know for a fact they won’t play ball. Hey, a lot of people support that attitude politically, here you have it playing out in real life.
Welcome to beautiful mv. People not so much
These comments present a good picture of why payment for the damage inflicted in this encounter should be decided in a court of law, not in the court of public opinion and prejudice.
Sorry, typo undetected, Don Benefit, sorry for this error.
Edgartown, where the waters gleam,
Lived Donald Benefit, chasing his dream.
A fisherman true, for sixty-six years,
His boat was his pride, his joy, his tears.
From dawn’s first light to the setting sun,
He cast his nets, his work never done.
But one fateful day, a storm did brew,
Not in the sky, but in waters blue.
A rich man’s vessel, with reckless speed,
Crashed into the docks, a heartless deed.
Donny’s boat, his lifeline, crushed and torn,
Left him in despair, weary and worn.
He sought justice, clear was the blame,
But the wealthy man refused his shame.
With savings in hand, Donny tried to repair,
His distorted boat, with a heart full of care.
Though the business fades, and times are tough,
Donny’s spirit remains, resilient and rough.
For in Edgartown’s harbor, where the waters gleam,
Lives the heart of a fisherman, chasing his dream.
The actual damages and causual damages from the incident should not be in question. If the boat yard attributes the other damages to the hatch/window and door plus the strut supports as a causual result from the accident. Saying the boat is “old” is irrelevant. Most certainly since it must have passed coast guard inspections to carry charters. It would have been in good repair and service logs maintained. Compensation for lost income would be a varable.A starting point would be to average the income from the last 3 seasons. The yacht was at fault does not seem to be in dispute. The very fact that yacht owner compensated others for their loss. Is an admission of responsability. I believe Mr. Benefit needs to file a formal complaint against the yacht and owner. Mr. Benefit can also file a claim against the yacht with its insurer. A yacht of that size I believe would carry some sort of liability insurance, I am sure Mr. Benefits attorney would have already filed a civil case. If so she can request from the court a lien on the yacht for the damages and aa request for summery judgement since the facts and liability are not in question. The presiding judge can also require mediation. I belikeve there is no outcome that will make Mr Benefit feel he is made whole in the matter. I am not a lawyer but have been through similar experiences.
I didn’t see anywhere the yacht had any charges pressed…
And now you see it. Its not black vs white, its not gay vs straight. Whats the point of a 10000 fee from con com when its pocket change. The barrel has gone over falls?. If you actually work for a living, you are getting fu$#ed. Make this man whole again. You can afford it!
Bill lantini, i don’t know you.But you obviously have a law degree. Good for you. Its not thomas Barrett. Its thomas hastings barrett. Boy being hyphenated really proves a point..
No charges to the yacht !!!! Other people always get charged. Trying to keep it quiet??? Disgusting
“The ultrarich are not satisfied to push Island natives off the land — now they have to push them out of the water too.” I agree! Exactly the same way a select group of Cape Poge landowners are trying to push the public off the public beaches of Chappy. This must be stopped.
Self said “The ultra-rich are not satisfied to push native islanders off the land- now they want to push them out of the water too”
Check me if I’m wrong, but isn’t she part of the group trying to close beach access around Cape Pogue?
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