Landry v. M. & W. Marine Ways, Inc.

• Decision Date: 04 February 1966
• Docket Number: 7689.,No. 7593,7593
• Citation: 257 F. Supp. 45,1966 AMC 293
• Court: U.S. District Court — Eastern District of Louisiana
• Parties: Joachim LANDRY et al. v. M. & W. MARINE WAYS, INC., et al. Robert HUGHES v. Leonard CHITTY, Etc., et al.

257 F. Supp. 45

1966 AMC 293

Joachim LANDRY et al. v. M. & W. MARINE WAYS, INC., et al.

Robert HUGHES v. Leonard CHITTY, Etc., et al.

Nos. 7593, 7689.

United States District Court E. D. Louisiana.

February 4, 1966.

Plotkin, Nelkin & Alvarez, Owen J. Bradley, New Orleans, La., for libelants.

Phelps, Dunbar, Marks, Claverie & Sims, Gerard T. Gelpi, New Orleans, for Leonard Chitty, d/b/a Tideland Towing Co.

AINSWORTH, District Judge.

This matter came on for hearing on a former day on motion of respondent, Leonard Chitty d/b/a Tideland Towing Company, for summary judgment and/or alternatively to dismiss the libels of Joachim Landry and Joseph Landry and Robert Hughes against Leonard Chitty d/b/a Tideland Towing Company and/or the tug TIDELAND.

The Court, having heard the argument of counsel and having considered the depositions, affidavits, exhibits and briefs in support thereof, is now ready to rule.

It is ordered that motion of respondent, Leonard Chitty d/b/a Tideland Towing Company, for summary judgment be, and the same is hereby granted.

REASONS

The tug M/V TIDELAND, owned by respondent Leonard Chitty, was swamped and capsized in the Mississippi River on August 18, 1964 at Twelve Mile Point near New Orleans. It sunk in approximately 100 feet of water to the bottom of the river where it remained until early October 1964, more than six weeks, when it was raised by Marine Derrick Corporation and turned over to M. & W. Marine Ways, Inc., for repairs in accordance with written specifications made by Arthur Terry, marine surveyor. On October 14, 1964, immediately after it had been taken into M. & W.'s repair facilities, and while work was being done thereon, pursuant to the M. & W. contract for general overhaul, an explosion occurred injuring libelants.

Respondent Chitty, in support of his motion for summary judgment, attaches the discovery deposition of Mr. Chitty taken December 2, 1965, and the affidavit of Arthur Terry, marine surveyor, dated November 29, 1965, with attached repair specifications. There are no countervailing exhibits, affidavits or depositions by libelants.

The Terry repair specifications for the M/V TIDELAND state that "It is the intent of these specifications to return the vessel, her machinery and apparel to good working order that presumably existed prior to a sinking casualty." There follow numerous and detailed specifications which unquestionably disclose that there was to be a major overhaul of the tug which had lain in the mud at the bottom of the Mississippi River for six to seven weeks. Every part of the tug required renewal and rehabilitation from the exterior top of the pilothouse to the bottom of the hull. Among other things it was required that all machinery units be removed from the vessel, repaired, reinstalled and reconnected. Butane tanks, fuel oil wing tanks,...