Asset agreement reached in West Alton Marina cases

Agreements have been reached regarding the assets of West Alton Marina and its owners Brian Fortier and his sisters Allyson Shea and Deidre Tibbetts, related to civil lawsuits filed by former juvenile employees who allege they were sexually assaulted and harassed while they were working there.

The agreements were approved Monday in three cases in Belknap Superior Court brought by former marina workers who are identified by the pseudonyms Adam Doe, Brian Doe and Jack Doe.

The agreement states the marina will not sell, transfer or allow another individual or organization to make a claim on any real estate or other property without giving the plaintiffs at least 45 days notice of such action to give the defendants time to ask the court to impose an attachment. In return, the three plaintiffs removed motions for attachments filed earlier this year.

The agreements for Adam Doe and Brian Doe pertain to the assets of the marina. The Jack Doe agreement stipulates it applies to both the assets of the business and those of Fortier.

Brian Doe had been seeking to attach $500,000 worth of marina assets and $250,000 in assets belonging to Fortier, Shea and Deidre Tibbetts, as well as John Murray, who was the marina’s manager. Adam Doe had filed a motion to attach $750,000 and $500,000 against the marina and the individual plaintiffs, respectively.

Murray and Fortier are facing criminal charges alleging sexual assault of three underage marina workers. Murray’s case is tentatively scheduled to go to trial next month.

Two of the owners named in the civil suits in state court — Shea and Tibbetts — have been removed as defendants.

In naming them as defendants, the plaintiffs had alleged that the two women were aware of the pattern of sexual assault and harassment which was occurring at the marina but did nothing to stop it.

Superior Court Judge Elizabeth Leonard ruled that even if the two had failed to prevent the plaintiffs from being assaulted and harassed by Murray, their actions or inaction did not meet the criteria for a claim of intentional infliction of emotional distress which requires “conduct that goes beyond possible bounds of decency.”

Three other civil cases that had been filed in Belknap Superior Court by former teenage employees who alleged they were Murray’s victims have been transferred from state court to federal court because among the claims cited in their suits, the plaintiffs allege they had to deal with sexual harassment and a hostile work environment, which are violations of federal law.