Collisions/Casualties
The following are digests and case links to
Circuit Court Admiralty Cases that have as an issue collisions/casualties:
Tisbury
Towing v. Tug Venus
First Circuit Court of Appeals
June 5, 2001
Collisions/Casualties: The district
court was not clearly erroneous in finding that the barge Owner had not
met its burden of proving when the grounding occurred and therefore could
not prove that the tug VENUS had ever grounded while towing its barge ALGOL
500.
Tokio
Marine & Fire v. M/V FLORA
Fifth Circuit Court of Appeals
January 3, 2001
Collisions/Casualties: The district
court was not clearly erroneous in finding as a matter of fact that outbound
vessel's violation of COLREG Rule 5 (failure to have a proper look-out)
was only a relatively small contributory cause of the collision at the
Southwest Pass. The Pennsylvania Rule does not apply to violations
of Rule 8(c) (alteration of course to avoid a close-quarters situation)
since its provisions do not impose a "precise and clearly defined duty."
Appellant inbound vessel did not prove at trial that there was a local
custom in the Southwest Pass that outbound vessels must take extra care
when leaving the area to avoid a collision, and inbound vessels have the
right of way. Comparative Fault: The district court's finding that
the inbound vessel was 80% at fault and the outbound vessel was 20% at
fault was not clearly erroneous in view of the evidence presented as to
the causes of the collision, including a finding that the overwhelming
percentage of the collision was caused by inbound vessel's violation of
the port-to-port passing agreement and the lack of communication with the
outbound vessel.
Grosse
Ile Bridge Co. v. American Steamship
Sixth Circuit Court of Appeals
September 9, 2002
Collisions/Casualties: On September
6, 1992, the M/V H. Lee White, a 700-foot cargo vessel carrying
67 million pounds of iron ore, struck the Grosse Ile Toll Bridge, a pivot-swinging
drawbridge on the Trenton Channel of the Detroit River. The district court
properly found that the bridge was at fault for not timely swinging the
bridge open. The district court erred, however, in absolving the vessel
from any fault. Once the captain of the vessel decided to stop short of
the bridge by reversing engines, it was unreasonable to delay dropping
the port-bow anchor which could have stopped the vessel short of the bridge.
I
& M Rail Link v. Northstar Navigation
Seventh Circuit Court of Appeals
January 5, 2000
Collisions/Casualties: The presumption
of vessel fault applicable when a vessel hits a stationary object may be
overcome by a Coast Guard report that the struck bridge was an unreasonable
obstruction to navigation.
In re
MO Barge Lines
Eighth Circuit Court of Appeals
March 15, 2004
Collisions/Casualties: During the early
hours of July 31, 2000, the Miss Belterra, a new casino vessel heading
up the Mississippi River, collided with the Elizabeth Ann, a towboat
pushing concrete barges down the river. The district court properly found
that Elizabeth Ann's pilot violated Inland Navigation Rule 14 when
he failed to propose the manner of passing as he was the downward vessel.
It is mandatory that a downward vessel on the Mississippi River propose
the manner of passage and initiate the maneuvering signals that will be
used. Limitation of Liability Act: To determine a vessel owner's
entitlement to limit its damages, a court must determine (1) whether negligence
or unseaworthiness caused the accident, and (2) whether the shipowner was
privy to, or had knowledge of, the causative agent. Unseaworthiness
was not supported by the record since the pilot's decision not to increase
the radar's range when he first noticed approaching lights was navigational
error, rather than evidence of incompetence that would render the vessel
unseaworthy. Further, the towboat owner was not in privity since it had
hired a licensed, competent pilot to navigate its vessel and it was not
on notice that the pilot would operate the vessel negligently. Owner could
thus limit its liability.
Arkansas
State Highways Comm. v. Arkansas River Co.
Eighth Circuit Court of Appeals
October 16, 2001
Seaworthiness/Casualties/Charter Parties:
Because the United States Army Corps of Engineers ("Corps"), the owner
of the barge, tendered the barge to the tug's captain with a boom that
was unobviously raised such that it could not pass safely under a Mississippi
River bridge, the barge was unseaworthy on delivery and the Corps was 100%
liable for the resulting damages.
Bunge
Co. v. Freeport Marine Repair
Eleventh Circuit Court of Appeals
January 30, 2001
Collisions/Casualties: Although Hull
No. 40 was under construction when it broke from its moorings during a
hurricane and damaged a grain-loading facility along the waterway, it was
a vessel for purposes of admiralty tort jurisdiction and the Louisiana
Rule, which stipulates that a moving vessel that strikes a stationary object
is presumed to be at fault. Admiralty Jurisdiction: Since
the allision occurred in navigable waters due to the imperfect mooring
of a nearly complete vessel, the incident bore a substantial relationship
to traditional maritime activity and was properly within admiralty tort
jurisdiction. Government Regulation: The grain-loading facility
was not in violation of a 33 U.S.C. 403, which requires a permit for structures
that partially obstruct a waterway, since the facility was grandfathered
under government regulations and did not interfere with navigation. Thus,
the Pennsylvania Rule, which bars a plaintiff in violation of a
federal statute from recovering damages unless that plaintiff can prove
that its own violation could not have caused the loss, is not applicable. |