CEH, Inc. v. Seafarer, C.A. No. 92-0389L (D. R.I. 3/__/1995), C.A. No. 92-0389L.
| Decision Date | 01 March 1995 |
| Docket Number | C.A. No. 92-0389L. |
| Parties | CEH, INC., Plaintiff, v. F/V SEAFARER (O.N. 675048), In Rem, MICHAEL A. DOYLE, CHARLES NILES, ROGER SCOTT SMITH, In Personam, Defendants. |
| Court | U.S. District Court — District of Rhode Island |
This matter is before the Court for decision following a bench trial. Plaintiff CEH, Inc. ("CEH") brought this action against the F/V SEAFARER ("SEAFARER"), In Rem, and Michael A. Doyle ("Doyle"), Charles Niles ("Niles"), and Roger Scott Smith ("Smith"), In Personam, for the alleged loss and destruction of lobster gear owned by plaintiff during the period May 23 through June 7, 1992. The SEAFARER is the vessel charged with destroying the gear and has been sued in rem pursuant to this Court's admiralty and maritime jurisdiction under 28 U.S.C. § 1333. Defendant Doyle is the owner of the SEAFARER, and defendants Niles and Smith served as captains of the vessel at different times during the period in question, and are charged individually with negligence and intentional misconduct which caused the destruction of the gear.
The facts in this case are a source of significant dispute. Since this is an admiralty case, plaintiff must prove its case and the facts that support it by a fair preponderance of the evidence. 1st Bank Southeast of Kenosha, Wis. v. M/V KALISDAS, 670 F. Supp. 1421 (E.D. Wis. 1987); Valentine v. U.S., 630 F. Supp. 1126 (S.D. Fla. 1986). In addition, once fault is determined in an admiralty action, it is necessary for plaintiff to establish its entitlement to each item of damage claimed. Complaint of Valley Towing Service, 629 F. Supp. 139 (E.D. Mo. 1985). With these basic principles in mind, this Court makes the following findings of fact.
CEH is the owner of the F/V COURTNEY ELIZABETH ("COURTNEY ELIZABETH"). The COURTNEY ELIZABETH is an off-shore lobstering vessel 90 feet in length. She was purchased new by plaintiff and has been engaged in off-shore lobstering since September, 1987, based in Point Judith, Rhode Island. The President of CEH is T. Brian Handrigan, and the Vice President is his son, Timothy Handrigan. The elder Handrigan has been in the fishing industry since 1961, and the younger has been a captain of fishing vessels since 1985.
During May and June of 1992, CEH owned approximately 4,200 lobster traps, of which 2,857 were set off shore in the Atlantic Ocean. The traps were set in an arrangement commonly referred to as a "lobster trawl." A lobster trawl consists of between 40 and 55 lobster traps, and it is set on the bottom of the ocean. Each end of the lobster trawl — a so-called "trawl end" — is marked with buoys, high fliers, and radar reflectors that float upon the ocean's surface so that a lobsterman can visually locate the trawls when he attempts to retrieve his catch.
A high flier is a device which floats on top of the water, and consists of ring floats, an aluminum pole, and a flag. A high flier is also marked with radar reflectors. Connected to the high flier and running to the bottom of the ocean is an "up-and-down line," made of 5/8" poly-pro rope. That line is connected to the top of a blivet, a cement weight that rests on the ocean floor. Also attached to the blivet is a ground line. The ground line is made of 5/8" poly-pro rope and runs along the bottom of the ocean to connect the traps. At the opposite end of the trawl, the ground line attaches to another blivet. This other blivet also has an up-and-down line attached to another high flier, which floats at the surface, and marks the opposite end of the trawl above water.
In early May of 1992, plaintiff's vessel, the COURTNEY ELIZABETH, experienced a series of mechanical problems which required her to be docked for repairs. The testimony establishes that she was hauled on May 13, 1992. Before she was hauled, the COURTNEY ELIZABETH had made fifteen trips during 1992. The record keeping practices of CEH designates this trip of the COURTNEY ELIZABETH as Trip 15. The next trip made by the COURTNEY ELIZABETH commenced on June 7, 1992. However, after she left port on that day, she experienced further mechanical problems and returned for repairs. The voyage was formally commenced on June 10, 1992, and the COURTNEY ELIZABETH concluded this trip on June 12, 1992. This trip is known in CEH's records as Trip 17.
During the time that the COURTNEY ELIZABETH was laid up, her lobster gear remained on the ocean floor, and it was tended on one occasion by the F/V MONITOR ("MONITOR"). The trip of the MONITOR is recorded as Trip 16 in CEH's records. Trip 16 commenced on May 19, 1992, and concluded on May 23, 1992. During this time, the MONITOR was captained by Ted McCaffrey ("McCaffrey"). McCaffrey normally was the mate and alternate captain on board the COURTNEY ELIZABETH.
During Trip 16, McCaffrey hauled and reset 60 lobster trawls belonging to the COURTNEY ELIZABETH. The trawls were reset generally in the area known as Atlantis Canyon. The specific locations of these trawls were recorded in the log book for the COURTNEY ELIZABETH. The traps were reset in essentially two types of patterns: some were set in straight lines, and others were set along the contour of the ocean floor.
When the COURTNEY ELIZABETH returned to service on Trip 17 after its repairs, her crew discovered that 1,093 traps and related equipment were missing. From the time that Trip 16 was completed on May 23, 1992 until the time that Trip 17 was commenced on June 7, 1992, defendant SEAFARER made two trips. It is plaintiff's contention that its lobster gear was damaged or destroyed by the SEAFARER on one or both of these trips.
The evidence establishes that the following traps owned by plaintiff were set at the end of Trip 16 and were not recovered, either entirely or partially, on Trip 17: Trawl 33, consisting of 50 wooden pots, all of which were lost, its northeast end at Loran Coordinates 14218.5, 43245.5 and at a depth of 170 fathoms, its southwest end at 14225.0, 43245.5 and at a depth of 152 fathoms; Trawl 136, consisting of 50 wire pots, of which 27 pots were destroyed or damaged, its northeast end at Loran Coordinates 14225.5, 43251.5 and at a depth of 160 fathoms, its southwest end at 14321.0, 43249.5 and at a depth of 165 fathoms; Trawl 38, consisting of 50 wooden pots, of which 21 pots were damaged or destroyed, its north end at Loran Coordinates 14233.0, 43252.0 and at a depth of 173 fathoms, its south end at 14232.0, 43245.5 and at a depth of 182 fathoms; Trawl 43, consisting of 45 wooden A-frame pots, of which 22 traps were damaged or destroyed, its east end at Loran Coordinates 14248.0, 43253.0 and at a depth of 176 fathoms, its west end at 14253.0, 43253.0 and at a depth of 173 fathoms; Trawl 52, consisting of 45 wooden A-frame pots, all of which were lost, its east end at Loran Coordinates 14247.5, 43258.0 and at a depth of 154 fathoms, its west end at 14252.5, 43258.0 and at a depth of 154 fathoms; Trawl 122, consisting of 50 wire pots, all of which were lost, its east end at Loran Coordinates 14253.0, 43254.5 and at a depth of 165 fathoms, its west end at 14258.0, 43254.5 and at a depth of 170 fathoms; Trawl 60, consisting of 40 wooden, A-frame pots, 34 of which were lost, its southeast end at Loran Coordinates 14262.5, 43253.0 and at a depth of 186 fathoms, its northwest end at 14263.0, 43257.5 and at a depth of 172 fathoms; Trawl 10A, consisting of 50 wire traps, all of which were lost, its east end at Loran Coordinates 14267.5, 43263.0 and at a depth of 184 fathoms, its west end at 14275.5, 43263.5 and at a depth of 187 fathoms; Trawl 16, consisting of 50 wire pots, all of which were lost, its east end at Loran Coordinates 14268.0, 43265.0 and at a depth of 171 fathoms, its west end at 14273.5, 43265.0 and at a depth of 180 fathoms; Trawl 114, consisting of 50 wire traps, all of which were lost, its east end at 14275.0, 43265.0 and at a depth of 180 fathoms, its west end at 14281.0, 43265.5 and at a depth of 176 fathoms; Trawl 112, consisting of 50 wire pots, 22 of which were lost, its southeast end at Loran Coordinates 14283.0, 43264.0 and at a depth of 184 fathoms, its northwest end at 14288.0, 43267.2 and at a depth of 184 fathoms; Trawl 122, consisting of 50 wire pots, all of which were lost, its east end at Loran Coordinates 14253.0, 43254.5 and at a depth of 165 fathoms, its west end at 14258.0, 43254.5 and at a depth of 170 fathoms; Trawl 153, consisting of 50 wire pots, all of which were lost, its south end at Loran Coordinates 14278.5, 43292.5 and at a depth of 170 fathoms; its north end at 14277.5, 43298.0 and at a depth of 171 fathoms; Trawl 31, consisting of 50 wire pots, all of which were lost, its east end at Loran Coordinates 14299.0, 43286.0 and at a depth of 170 fathoms, its west end at 14306.5, 43286.0 and at a depth of 172 fathoms; Trawl 8, consisting of 50 wire traps, all of which were lost, its east end at Loran Coordinates 14353.5, 43282.2 and at a depth of 179 fathoms, its west end at 14361.0, 43282.2 and at a depth of 176 fathoms; and Trawl 111, consisting of 50 wire traps, all of which were lost, its east end at Loran Coordinates 14363.0, 43282.0 and at a depth of 176 fathoms, its west end at 14369.0, 43282.0 and at a depth of 186 fathoms.
Aside from the 671 traps mentioned above, plaintiff also lost 422 additional traps. However, plaintiff makes no claim for their loss since they were set in an area in which the SEAFARER did no dragging during the time in question. Plaintiff only seeks damages for the traps lost which were located near Atlantis Canyon where the SEAFARER was fishing during the period May 23 to June 7, 1992.
Plaintiff alleges that the SEAFARER destroyed the gear belonging to the COURTNEY ELIZABETH by "dragging" or "towing" through the trawls. Unlike the COURTNEY ELIZABETH, the SEAFARER is a raised focsle stern trawler, and she uses nets, rather than fixed traps, to catch fish. The SEAFARER is also...
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