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Collision- Hull & Machinery
In the Matter of the Collision between M/V SAUDI MAKKAH and M/V TURTLE
QUEEN, March 12, 1997, U.S.C.G. MSO Hampton Roads Case No. 0583MV98000-400.
Represented Pilot Captain Thomas D. Rutter, pilot aboard M/V TURTLE QUEEN
during two week U.S. Coast Guard Formal Investigation into the collision
of the M/V SAUDI MAKKAH while overtaking the M/V TURTLE QUEEN in Thimble
Shoals Channel. Followed through with representation of Captain Rutter
before Virginia Board for Branch Pilots and USCG Hearing Office penalty
proceedings.
Halloway v. Bashara, 176 F.R.D. 207 (E.D.Va. 1997).
Represented sailing yacht owner in defense of third party claim by colliding
sailing yacht in race, where own yacht's passenger was injured in collision
by over-\taking yacht. Unsuccessfully sought to dismiss third party action
on grounds that Plaintiff had pleaded sole fault of overtaking yacht.
Settled the merits by minimal contribution to passenger's personal injury
claim borne largely by the overtaking yacht.
IN RE: Formal Investigations, Jr., in hearings from July 3- Into the
Collision Between the M/V NEPTUNE JADE and the M/V COLUMBUS AMERICA
Represented Pilot John A. Jone13, 1990, before a combined U. S. Coast
Guard and National Transportation Safety Board formal investigation.
In the matter of Hellenic Lines Ltd. (M/V HELLENIC CARRIER), 1984
A.M.C. 57 (E.D.Va. 1982) aff'd in part, remanded in part 730 F.2d 159,
1984 A.M.C. 2713 (4th Cir. 1984). Related proceedings at 813 F.2d 634,
1987 A.M.C. 2470 (4th Cir. 1987).
Represented S.S. LASH ATLANTICO against M/V HELLENIC CARRIER in fog collision.
Complaint of Ionian Glow Marine, Inc., 510 F.Supp. 196, 1982 A.M.C.
117 (E.D.Va. 1981) rev'd 670 F.2d 462, 1982 A.M.C. 838 (4th Cir. 1982)
cert. den. 460 U.S. 1021 (1983).
Phil represented the owner of the M/V STAR LIGHT in a fog collision with
the USS FRANCIS MARION (LPA-249) in which the Executive Officer of the
MARION was seriously injured. The collision liabilities were settled 65/35
in favor of the Government. The damages were settled on favorable terms,
except that the Government refused to contribute its 35% share of the
STAR LIGHT's personal injury settlement with the X.O., arguing that the
Stencel-Aero Doctrine barred STAR LIGHT's recovery as an indirect claim
by a military man against his Armed Forces superiors. The Fourth Circuit
Court of Appeals reversed the District Court, holding that the rule of
apportioned fault in collisions cases required that all damages by proportionately
divided between the parties at fault, and the U.S Supreme Court declined
to hear the Government's appeal.
In the Matter of Marine Navigation Sulphur Carriers, Inc., 1980
A.M.C. 983 (E.D.Va. 1978) aff'd 1980 A.M.C. 1002 (4th Cir. 1980).
Phil represented the owner of the S.S. MARINE FLORIDIAN who sought to
limit its liability arising out of a bridge collision following a steering
failure. The District Court found privity and knowledge in the failure
to maintain a knife switch in one steering circuit and in failing to require
the ship to navigate rivers using both steering gear on-line. The Fourth
Circuit Court of Appeals affirmed.
In the Matter of Marine Navigation Sulphur Carriers, Inc., 507
F. Supp. 205, 1980 A.M.C. 974 (E.D.Va. 1980)., affirmed 638 F.2d 700,
1981 A.M.C. 578 (4th Cir. 1981).
Phil succeeded in dismissing by summary judgment $2.0Million in claims
by businesses who claimed a temporary inability to traverse the bridge
or navigate the river, seeking to recover purely economic losses under
theories of tort negligence, nuisance, or breach of statutory prohibitions
against obstructing the navigable waters under the Rivers and Harbors
Act. The Fourth Circuit affirmed, distinguishing the Ninth Circuit's award
of economic losses to fisherman for lost catch in Union Oil Co. v. Oppen,
501 F.2d 558, 1975 A.M.C. 416 (9th Cir. 1974).
Phil represented the owner of the S.S. MARINE FLORIDIAN who sought to
limit its liability arising out of a bridge collision following a steering
failure. The District Court found privity and knowledge in the failure
to maintain a knife switch in one steering circuit and in failing to require
the ship to navigate rivers using both steering gear on-line. The Fourth
Circuit Court of Appeals affirmed.
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