Florida Charter Companies Sue Whale Harbor Marina After Contaminated Diesel Fuel Damages Multiple Vessels in Islamorada
Finatix Sportfishing of the Upper Keys and Benjamin Hyatt Spaulding, both based in Florida, have filed a maritime lawsuit against Interstate Commerce of Florida, LLC, doing business as Whale Harbor Marina. The complaint, filed in the United States District Court for the Southern District of Florida under Case No. 4:26-cv-10010-DPG, alleges that the marina sold contaminated marine diesel fuel that caused catastrophic engine failure and significant financial losses for two professional charter fishing operations.
Islamorada Marina Accused of Selling Defective Marine Diesel Fuel to Commercial Fishing Vessels
The litigation centers on a series of events occurring in August 2025 at Whale Harbor Marina in Islamorada. According to the complaint, both Drop Back Charters and Play Baby Charters were long-term tenants of the marina and were required by their dockage agreements to purchase fuel exclusively from the defendant. In mid August, both vessels reportedly took on hundreds of gallons of diesel fuel from the marina’s underground storage tanks. Almost immediately after refueling, both the F/V Drop Back and the F/V Play Baby began experiencing severe mechanical issues while operating on navigable waters. The plaintiffs allege that the fuel provided was inherently defective and did not meet the required industry standards for marine grade diesel.
Contaminated Fuel Leads to Engine Failure and Dangerous Conditions for Charter Passengers Offshore
The complaint details a harrowing series of mechanical failures that put the safety of crew and passengers at risk. For Drop Back Charters, the vessel experienced a total loss of power during a fishing trip on August 20, 2025. Subsequent inspections by diesel specialists reportedly found debris and contaminants throughout the fuel system, eventually leading to extensive damage to the starboard engine injection pump. Play Baby Charters reported similar issues, noting that their vessel’s engines began expelling gray smoke and running roughly during multiple charters. On August 19, 2025, the F/V Play Baby reportedly suffered a complete engine failure while halfway through an offshore trip, forcing the crew to drain fuel filters and re-prime the system at sea to regain power and return to the dock.
Internal Investigation Reveals Contaminants in Underground Diesel Tanks at Whale Harbor Marina
The lawsuit highlights evidence suggesting the marina was aware of the fuel quality issues. On August 21, 2025, a fuel service company was allegedly seen polishing the fuel of several other charter vessels at the marina. Furthermore, the complaint asserts that on September 19, 2025, a waste services company tested and cleaned the marina’s underground diesel fuel tank. During this process, an employee of the waste service company allegedly informed marina staff that contaminants were indeed present in the tank. Despite these findings and the reported visit by the marina’s Director of Operations to discuss the issue with the plaintiffs, the lawsuit claims the marina has refused to provide reimbursement or take responsibility for the damages.
Professional Charter Operators Seek Damages for Costly Engine Repairs and Significant Loss of Income
As a result of the alleged negligence, both plaintiffs claim they have suffered substantial financial harm. Drop Back Charters reports over $69,000 in damages, while Play Baby Charters reports losses exceeding $65,000. These figures include the cost of professional diesel engine repairs, replacement of fuel injectors and pumps, and the expensive process of cleaning contaminated fuel tanks. Beyond the physical damage to the vessels, the operators are seeking compensation for the loss of charter hire and the diminished value of their commercial boats. The complaint also notes that the marina unilaterally terminated the dockage agreements for these vessels shortly after the incident, further disrupting their business operations.
Legal Claims Include Breach of Maritime Contract and Florida Deceptive and Unfair Trade Practices Act Violations
The lawsuit brings twelve separate counts against Whale Harbor Marina, including breach of contract, negligence, negligence per se, and breach of the implied warranty of workmanlike performance. Additionally, the plaintiffs allege violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). The complaint argues that the marina advertised its fuel as safe for marine use while knowing, or having reason to know, that the storage systems were poorly maintained and the fuel was contaminated. By failing to comply with standard specifications for diesel fuel oils, the marina allegedly breached its statutory duties and engaged in unfair trade practices that caused direct injury to local small businesses.
Contact a Maritime Attorney Today if Your Vessel Suffered Damage Due to Contaminated Marine Fuel
Boat owners and commercial maritime operators who suffer engine damage due to contaminated or off-spec fuel have specific rights under both general maritime law and state statutes. Marinas and fuel suppliers have a legal obligation to ensure that the products they sell meet safety standards and are fit for their intended use on the water. If you have experienced mechanical failure, lost income, or safety hazards due to defective marine fuel, it is essential to seek legal guidance. Our team of experienced maritime lawyers is available to help you hold negligent parties accountable and recover the compensation you deserve for repairs and business disruptions.
Contact us now to speak with a maritime injury and property damage attorney.
Disclaimer: Our firm does not represent the plaintiff in this case and is not involved in the litigation. The information provided is a summary of allegations based on publicly available court filings. We make no representations about the truth of these allegations, are not commenting on the merits of the case, and are not predicting any outcome.
