Crowley v. Costa

• Decision Date: 14 February 2013
• Docket Number: Civil Action No. 3:09–CV–1991 (JCH).
• Citation: 924 F.Supp.2d 402
• Court: U.S. District Court — District of Connecticut
• Parties: Cliff CROWLEY, et al., Plaintiffs, v. Charles J. COSTA, et al., Defendants.

924 F.Supp.2d 402

Cliff CROWLEY, et al., Plaintiffs,

v.Charles J. COSTA, et al., Defendants.

Civil Action No. 3:09–CV–1991 (JCH).

United States District Court,

D. Connecticut.

Feb. 14, 2013.

Thomas L. Tisdale, Tisdale Law Offices LLC, Southport, CT, for Plaintiff.

Kenneth Wynne Bohonnon, Bohonnon Law Firm, LLC, New Haven, CT, for Defendant.

BENCH TRIAL RULING

JANET C. HALL, District Judge.

I. INTRODUCTION

Plaintiffs Cliff Crowley (“Crowley”), as the owner of the yacht “Moondance,” and the New Hampshire Insurance Company (collectively, “plaintiffs”) brought this admiralty and maritime action against defendants Angelo Costa ¹ and Charles J. Costa, trustee of the Angelo P. Costa Revocable Trust (“Costa”). Crowley sought declaratory judgment on four counts regarding his liability for damage to Costa's pier caused by the Moondance when it broke from its mooring during a storm. Costa counterclaimed that the damage to his pier was caused by Crowley's “acts, omissions, strict liability, fault, negligence, and breach of federal safety and operating regulations.” Defs.' Answer to Verified Compl. and Counterclaims (Doc. No. 18) (“Defs.' Answer”) at 5–6.

The plaintiffs' Complaint is in four counts: the first is for exoneration of their liability; the second and third are for declaratory judgment as to the value of Costa's pier; the fourth is for limitation of the plaintiffs' liability. See Am. Compl. (Doc. No. 10). The court dismissed Counts One and Four on April 26, 2012, 2012 WL 1450607 (Doc. No. 87) and converted (without objection) Counts Two and Three into affirmative defenses to Costa's counterclaim for damages. See (Doc. No. 99). Therefore, the remaining cause of action consists of Costa's counterclaim for damage to the pier caused by Crowley's conduct.

The plaintiffs assert three affirmative defenses to the counterclaim: failure to state a cause of action; they were not responsible for the loss; and their liability was limited to the value of the Moondance.² Plaintiffs/Counterclaim Defendants' Answer to Defendants' Counterclaim (Doc. No. 31) at 2. The court held a bench trial in this matter on September 11–12, and 24, and October 23, 2012, and oral argument on January 15, 2013.

II. FINDINGS OF FACT³A. Background

On October 25, 2008, the Moondance struck the pier on Angelo Costa's property, located at 98 Grovers Avenue, Bridgeport, CT. The Moondance, a 44 foot Swan sailboat, belonged to Cliff Crowley. Costa's pier measured 320 feet in length and was built in 1957. Costa's permit, however, only permitted Costa to construct a 160 foot pier. Angelo Costa periodically repaired the pier, spending approximately $50,000 on repairs between 1976 and 1996. In addition, until early 2000, Costa employed a man to undertake various upkeep and repairs around the house, including to the dock. He performed such tasks as replacing handrails or wooden decking, but he did not replace any of the large timbers or stringers.

Crowley has been a member of Black Rock Yacht Club since 1994. He purchased the Moondance in 2005, and kept it moored in Black Rock Harbor, which is in the western portion of the Long Island Sound. Typically, he would keep the Moondance in the water from April to November each year. In the wintertime, Crowley would store the boat at Captain Cove Seaport in Bridgeport or Jamestown Boatyard in Rhode Island. If foul weather was expected, Crowley would move the boat to a more secure location alongside the dock at Captain Cove Seaport. In 2008, the Moondance's mooring was placed on the eastside of the channel just off Fairweather Island, directly across from the Black Rock Yacht Club dock (approximately one quarter of a mile away). Crowley did not decide to place the Moondance in this location. Rather, Ed Billings, the club manager and former shore captain at Black Rock Yacht Club, made that decision. In 2008, Mr. Billings placed the Moondance on its moorings and performed an inspection of the moorings.

The Moondance was attached to its mooring by an 800 pound mushroom anchor connected by two links of chain to a mooring ball—the top chain was one half inch, the bottom chain five-eighths of an inch. The City of Bridgeport Harbormaster Mooring Rules and Regulations sets forth minimum requirements for mooring tackle, which the Moondance moorings met except for the top and bottom chains. The regulations seek to minimize or prevent the occurrence of vessels breaking free of their moorings. Vessels do break free of their moorings. Boats break free of their moorings when there is constant rubbing through the chock,⁴ causing the pennants to wear and break.

The Rules and Regulations set forth a minimum requirement of three-quarter inch top and bottom chain for a 41 to 50 foot long boat. The Moondance had a five-eighths inch bottom chain because, according to Mr. Billings, a heavier chain “will wrap around the mushroom anchor, thereby eliminating proper scope of the chain ... with a slightly lighter weight chain on the bottom, it would enable the boat to fully use the entire anchor system.” Transcript of Bench Trial Proceedings (hereinafter “Trial Tr.”) at 389/25–390/1–3.⁵ From the mooring ball, the boat was attached by two pennants ⁶—which are ropes or boaters mooring lines through a chock.

Mr. Billings suggested that Crowley replace some parts of the mooring system chain. Thereafter, Crowley purchased two new pennants, shackles, and a new section of chain which is typically replaced every two or three years. After purchasing the new mooring equipment, during the 2008 season, Crowley did not see any unusual wear on the pennants or chafing gear. When Mr. Billings's installed the pennants, there was chafing gear on the pennants.

On Sunday, October 19, 2008, Crowley went sailing on the Moondance. Later that same day, he left town for a six day business trip to London and Geneva. When he travels, Crowley generally monitors the weather at home. However, Crowley did not monitor the weather duringthe week in question. ⁷ If Crowley is concerned about the weather while he is away, he asks his wife, Mr. Billings, or a friend to keep an eye on the boat. Another boat owner could have gained access to the Moondance by obtaining the combination lock code. Because it takes only five minutes to take the launch from Black Black Rock Yacht Club to where the Moondance was moored, and Crowley has moved other boat owners' boats for them when they were away, it would not be difficult for Crowley to have someone move his boat for him while he was away.

Mr. Billings had no recollection of Crowley telling him that he was going out of town. Crowley failed to tell Mr. Billings he was going out of town on Sunday, October 19, 2008. Further, Crowley never contacted Mr. Billings, or anyone else, once forecasters predicted the storm on Wednesday and Thursday. Crowley was not concerned about the weather while he was away.

Crowley returned on the evening of Saturday, October 25, 2008, to John F. Kennedy Airport. When he landed, his wife informed him that the Fleet Captain at Black Rock Yacht Club called to say the Moondance broke off its mooring. The boat broke free because the lines chafed through on the chocks because of the constant rubbing through the chock as the boat moved side to side and up and down. After the boat broke free, it proceeded down the harbor, and it hit Costa's pier in three places, including toward the water's end of the dock as well as near the land's end, where the boat ultimately rested. A 90 to 100 foot section of the pier, closest to the land, was destroyed. The pilings had snapped and/or cracked, the decking was totally gone, and the boat was sitting just about where the beginning of the pier on the land side would have been.

Crowley went to Costa's property on Sunday, October 26, to observe the boat. Crowley did not remove the sail from his boat in advance of the storm and no chafing gear was present after the boat hit the dock. However, the Moondance had chafing gear on its pennants prior to the October 25 storm.

Crowley contracted with Norwalk Marine Contractors (“Norwalk Marine”) to lift the boat up, pull it out of the water, and take it to Captain Cove Seaport. Norwalk Marine used a crane barge to lift the boat, but the barge dropped the vessel on a shoal and the vessel was grounded. After several attempts to dislodge the vessel, the yacht club's workboat was able to work it free.

B. The weather

Black Rock Harbor is most at risk when the winds are coming south to southeast because there is no break water at the mouth of the Harbor. The wind can thus carry and build up waves over the entire distance from Long Island to Bridgeport.

On October 22, 2008, the Wednesday before the storm, the Weather Service Office based in New York—responsible for the marine forecast for Long Island Sound and surrounding coastal weather—forecasted that a storm was coming on the weekend. Potential gale force winds—meaning sustained or wind gusts of 39 to 54 miles per hour—were forecasted on Wednesday for Saturday, Pl. Ex. 35, at 1.⁸This forecast was available on National Oceanic and Atmospheric Administration weather radio, the Weather Channel, through local meteorologists, and on the internet. Chris Ruskay knew in the days prior to October 25, 2008, that a storm was predicted. Information about the storm was readily available to mariners.

On Thursday, October 23, the Weather Service Office continued to predict gale force conditions for Saturday, and, in particular, strengthening southeasterly flow, a cold front, and high pressure. At 7:24 a.m. on Friday, October 24, the marine forecast stated it was “quiet before the storm through Saturday morning.” Id. at 1–2. Although the forecast in the morning and at 1:41 p.m. on Friday predicted high winds over eastern waters, it still issued—at 7:24 a.m. on Friday—a gale watch over “all waters” beginning Saturday afternoon and into the evening. See id. at 2. By Friday night, October 24, at 8:27...