...to our previous post on this topic.... The follow up ruling from the Jury concerning apportionment of cost for the collision Saturday with Luna Rossa, as reported on the ACM website:


02.07.2006
Jury awards repair costs to BMW ORACLE Racing

At a hearing on Sunday morning, the Jury for the 32nd America’s Cup awarded repair costs arising from the collision between BMW ORACLE Racing and Luna Rossa to the American team.

Under the process described in Notice of Race for Louis Vuitton Act 12 (NoR 2.4d), the Jury is required to apportion responsibility for damage to the boats.

The Jury ruled that Luna Rossa must pay its own costs, as well as 80% of the repair bill on the American boat. ‘Costs’ refer to ‘extra’ costs, like outside contractors, materials, etc., but not for in-house boat builders.

Since the cost of repairs to Luna Rossa will be much higher than the cost of repairs to BMW ORACE Racing, the decision that Luna Rossa pays for all its own damage plus 80% of the damage to USA 87, indicates an even higher apportionment of responsibility for the damage caused by the incident.

This is consistent with the penalty on the water from the Umpires, and the Jury ruling last night that saw redress awarded to BMW ORACLE Racing, including one point which gave them the win in the petit final of Louis Vuitton Act 12.


Protest flag on USA 87 after the collision with Luna Rossa on Saturday.
Sunday the Jury awarded repair costs to BMW ORACLE Racing in addition
to the redress point awarded Saturday evening.