Caradelis v. Refineria Panama, SA

Decision Date31 January 1966
Docket NumberNo. 2662.,2662.
Citation249 F. Supp. 317
PartiesRicardo Fotys CARADELIS, Libellant, v. REFINERIA PANAMA, S.A., Respondent. REFINERIA PANAMA, S.A., Cross-Libellant, v. Ricardo Fotys CARADELIS, Cross-Respondent.
CourtU.S. District Court — Panama Canal Zone

De Castro & Robles, Balboa, Canal Zone, for libellant and cross-respondent.

Roy Phillipps, Balboa, Canal Zone, Arias, Fabrega & Fabrega, Panama, Republic of Panama, for respondent and cross-libelant.

CROWE, District Judge.

STATEMENT OF THE CASE

This is an action in admiralty arising out of the collision between the barge, OILBAR Number 3, which was in tow of the tug PAYARDI, and the trading vessel, the MV CORSARIO. The collision occurred on the morning of November 1, 1963 at about 4:00 a. m. in the waters of the Canal Zone, in good weather, when the sky was clear, and visibility, except for the darkness, was good.

The tug PAYARDI and the barge, OILBAR Number 3, were owned and operated by the respondent-cross libellant, Refineria Panama, S. A., and the MV CORSARIO was owned and operated by the libellant and cross-respondent, Ricardo Fotys Caradelis. The libellant-cross respondent is claiming damages by reason of the alleged negligence of the master of the tug PAYARDI, and the respondent-cross libellant has denied all responsibility and under its cross-libel is suing for damages by reason of the alleged sole fault and negligence of the captain and crew of the MV CORSARIO.

FINDINGS OF FACT

1. The MV CORSARIO is a Panamanian registered wooden hull cargo motor vessel of approximately 75 net registered tons, over-all length of approximately 96 feet and beam of about 18 feet, and develops a speed of about six knots on a full ahead engine. At the time of the collision, her draft was about 6 feet 6 inches aft and 5 feet forward. The vessel is owned and operated by Ricardo Fotys Caradelis and her master at the time of the collision was Captain Luis Lyons. No log books were kept by the MV CORSARIO nor did the vessel have any way to plot its course or establish its bearings nor were any records kept of the times and events of the incident. The record does not reflect that there was a rudder angle indicator or an engine room indicator on the bridge or wheelhouse, and the seaworthiness of the MV CORSARIO is doubtful.

2. The tug PAYARDI is a Panamanian registered motor vessel of approximately 77 feet over-all length with approximately 650 horse power and develops a speed of between 5½ and 6 knots on a full ahead engine with a laden tow. At all material times herein, she held valid Inspection Certificates from the Panama Canal and American Bureau of Shipping. At the time of the collision, her draft was 10 feet 6 inches aft and 8 feet 7 inches forward. A log book is kept on the tug and the vessel is equipped with a rudder angle indicator and an engine room indicator on the bridge. All of the equipment of the tug was in good working condition on the day of the accident.

3. The barge, OILBAR Number 3, is an oil-carrying barge of approximately 200 feet over-all length, and at the time of the collision its draft was 12 feet 2 inches even with a freeboard of approximately 3 to 4 feet.

4. All regulation running lights on board the tug PAYARDI and barge, OILBAR Number 3, were burning properly. Both vessels at all material times herein were in seaworthy condition as to physical fitness and handling requirements and were owned and operated by Refineria Panama, S. A., a Panamanian corporation. The master of the tug at the time of the collision was Captain Raul Guerra, who was in command at all material times.

5. The tug PAYARDI and its tow, the barge, OILBAR Number 3, which was fully laden with Bunker "C" Fuel Oil, left Las Minas Bay on the Atlantic side of the Isthmus at approximately two minutes after 3:00 on November 1, 1963 bound for Balboa, Canal Zone on the Pacific side of the Isthmus. Upon approaching the Cristobal breakwater, the master of the tug PAYARDI, who was on the bridge in command of his tug, saw a ship coming from the breakwater area showing its red light. The mate was at the wheel of the tug. The tug PAYARDI was also showing its red light to the CORSARIO. After keeping his sights for a while on the ship coming from the breakwater and noticing that the ship, which was the CORSARIO, was on a closing course toward the tug and its tow, the master of the tug, at about 3:40 a. m., ordered a 30 degree starboard rudder and at the same time he blew a one-whistle signal to inform the CORSARIO that the tug was altering its course to starboard. The signal was not answered by the CORSARIO even though it was heard and understood by the master of that vessel. At approximately 3:50 a. m., because the CORSARIO continued to "close in" on the tug and its tow, Captain Guerra sounded the danger signal, "four danger signals successively given", because of the fact that the boat was getting dangerously near.

6. The routes followed by the tug PAYARDI and its tow placed them in a meeting situation or collision course. Neither vessel changed its course or speed until they were very near to each other. The move of the PAYARDI in turning to starboard was sufficient and timely enough to avoid a collision with the CORSARIO, but the CORSARIO continued on the same course and speed from the time it left the Cristobal breakwater, and even though the master of the PAYARDI had given the warning signal, the CORSARIO failed to slacken its speed until almost upon the barge. The master of the CORSARIO did not understand the lights on the tug PAYARDI so did not know there was a tow until he was already upon the tow rope and barge. The PAYARDI had already turned to starboard, but the CORSARIO continued on her course until it was...

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1 cases
  • Caradelis v. Refineria Panama, SA
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • October 4, 1967
    ...of the tug and her tow. After trial, the District Court (on January 31, 1966) entered findings of fact and conclusions of law. 249 F.Supp. 317 (D.Canal Zone, 1966). On February 2, 1966, an order titled "Interlocutory Decree" was entered which dismissed Caradelis' libel and ordered that Pana......

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