IDEAL BASIC INDUSTRIES, PLAINTIFF,
v.
CLYDESDALE CORP., IN PERSONAM, ET AL., DEFENDANTS AND CROSS-DEFENDANTS-APPELLEES, V. MARINE TOWING, INC., DEFENDANT AND CROSS-PLAINTIFF-APPELLANT
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The court affirmed the district court's judgment, finding the collision was solely caused by the negligence of the M/V MOOSE's pilot.
A collision occurred between two barge tows on the Gulf Intracoastal Waterway. The plaintiff sued for damages, but a settlement was reached on some cl…
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PER CURIAM:
For the reasons stated in its opinion, which we adopt and attach hereto, the judgment of the district court is
AFFIRMED.
IDEAL BASIC INDUSTRIES, Plaintiff, VERSUS CLYDESDALE CORPORATION, in ;personam, et al., Defendants.
Civ. A. No. 85-2917.
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA
James A. Cobb, Jr., Esq. John F. Emmett, Esq. Attorneys for Plaintiff.
George M. Gilly, Esq. Attorney for Defendants Clydesdale Corp. and Spanier Marine Corp. '
Clayton Davis, Esq. Attorney for Defendant Marine Towing, Inc. CASSIBRY, Senior District Judge.
This suit was brought by plaintiff Ideal Basic Industries against defendants Marine Towing Inc., owner and operator of the M/V MOOSE, Clydesdale Corporation and Spanier Marine Corporation, owner and operator respectively of the M/V BELGIAN, for damages to, and cargo loss from, its barges, the H.B. BOLTON and THOMAS B. DOUGLAS, tows of the M/V MOOSE, resulting from a collision of the tows of the M/V MOOSE and M/V BELGIAN at 5:00 A.M. on May 14, 1984 in the area of Mile 104 of the Gulf Intracoastal Waterway near Morgan City, Louisiana.
An agreement has been reached between the owners and operators of the M/V MOOSE and M/V BELGIAN to fund settlement of plaintiffs damage, attorneys’ fees and expenses claims, leaving for deci sion the issues relating to liability of the M/V MOOSE and M/V BELGIAN for the collision. These issues were tried on September5, 1986, and the Court now enters its Findings of Fact and Conclusions of Law.
FINDINGS OF FACT
1.
The M/V BELGIAN, official No. 626287, a steel hull, twin screw, 1200 hp. pushboat approximately 70' by 24', was eastbound in the waterway with a two-barge tow of flat deck chemical barges. The lead barge was Barge DA 101, measuring 200' by 50', aft of which was Barge DA 103, measuring 300' X 50'. The overall dimensions of the M/V BELGIAN and tow were approximately 575' in length and 50' in breadth.
2.
The M/V MOOSE, official No. 648881, a steel hull, twin screw, 1000 hp. pushboat approximately 60' by 24', was westbound in the waterway with a two-barge tow of cement barges, each measuring 195' by 35'. The plaintiff’s Barge H.B. BOLTON was the lead barge, aft of which was the plaintiff’s Barge THOMAS B. DOUGLAS. The overall dimensions of the M/V MOOSE and tow were approximately 450' in length and 35' in breadth.
3.
The pilot of the M/V BELGIAN was James E. Ainsworth, aged 50 years with approximately 30 years of wheelhouse experience on inland waters, who had served aboard the M/V BELGIAN for several years and who has been appropriately licensed since requirements with respect thereto were enacted in 1972.
4.
The pilot of the M/V MOOSE was William F. Hummer, with approximately six years of experience as a tug captain, who received his appropriate licenses in 1978 and 1979, and who had served aboard the M/V MOOSE only a few months prior to the collision.
5.
Visibility was limited by a light surface fog to about one-half mile, and there was a westerly current of about 2 knots. As the two vessels approached the Mile 104 area, the eastbound M/V BELGIAN was proceeding about 50 feet off the south bank at a speed of3 m.p.h. over the ground. The westbound M/V MOOSE was proceeding 20 to 30 feet off the south bank at a speed of 2 or3 knots.
6.
Mr. Ainsworth was made aware of the approaching M/V MOOSE when he was at Mile 106 or 107. He overheard the eastbound Exxon Lake Charles arrange for passage with M/V MOOSE near Mile 99, and the Exxon Lake Charles advised him that the M/V MOOSE was headed his way. At that time he switched his radar from the one-half mile range at which he had been operating to the one-mile range to better detect any vessels approaching around a bend on his port side at Mile 104. His radar showed no vessels around the 104 Mile bend. He then tried to reach the M/V MOOSE by radio and got no response. Five or ten minutes later he made another call and again got no response. In five minutes he was around the bend at Mile 104 and saw an object which he presumed to be the M/V MOOSE about one-half mile ahead.
Because of his failure with the radio previously, he did not use it, but flashed his light and blew one whistle. He saw the M/V MOOSE flash a light and took that to mean that a one-whistle, port to port, passage was agreeable. The M/V MOOSE then came on the radio and asked for a two-whistle, starboard to starboard, passage. He replied to the M/V MOOSE that he could not maneuver for a two-whistle passage and advised it that he would back down.
7.
Mr. Hummer had understood a vessel with whom he spoke 10 or 15 minutes before seeing the M/V BELGIAN to tell him that a vessel was probably 10 miles ahead of him. He was on the south bank and had been looking for four or five miles for a tree to tie up to out of the fog. He first detected the M/Y BELGIAN on radar which he was operating at one-half mile range. He saw no lights and heard no whistles before detecting the M/V MOOSE on radar. He radioed for a two-whistle passage because he was apprehensive about a sucking motion that would be created if he veered to the north bank where some barges were tied up. He received a reply from Mr. Ainsworth that a two-whistle passage was impossible for the M/V BELGIAN. He then started backing down and was proceeding almost dead slow at the moment of impact.