Hammersley v. Branigar Organization, Inc.

• Decision Date: 10 April 1991
• Docket Number: No. CV 490-208.,CV 490-208.
• Citation: 762 F. Supp. 950
• Parties: R. Cameron HAMMERSLEY, Plaintiff, v. The BRANIGAR ORGANIZATION, INC. d/b/a Landings Harbor and Delegal Creek Marina, Dr. E.D. Hood, and Betty Hood, individually and as owners of the VESSEL "BRUM=BRUM," Defendants.
• Court: U.S. District Court — Southern District of Georgia

762 F. Supp. 950

R. Cameron HAMMERSLEY, Plaintiff, v. The BRANIGAR ORGANIZATION, INC. d/b/a Landings Harbor and Delegal Creek Marina, Dr. E.D. Hood, and Betty Hood, individually and as owners of the VESSEL "BRUM=BRUM," Defendants.

No. CV 490-208.

United States District Court, S.D.Georgia, Savannah Division.

April 10, 1991.

COPYRIGHT MATERIAL OMITTED

R. Jonathan Hart, Savannah, Ga., for R. Cameron Hammersley.

James M. Thomas, Savannah, Ga., for Branigar Organization, Inc.

Edward M. Hughes, Savannah, Ga., for Dr. E.D. Hood.

ORDER

EDENFIELD, Chief Judge.

The plaintiff in this action, R. Cameron Hammersley, severely damaged his eye when he walked into an anchor stock that protruded from a boat over the dockway of a marina. Before the Court is the summary judgment motion of the defendants, Dr. E.D. Hood and his wife, Mrs. Betty Hood, on their affirmative defenses under the Limitation of Liability Act, 46 U.S.C. App. § 181 through 188 (1988) ("the Limitation Act" or "the Act"). In addition to arguing that they should be completely exonerated from liability, the Hoods argue that because they fall within the protective umbrella of the Limitation Act, they at least should not be held liable for more than the value of their vessel, the "Brum=Brum." Their codefendant, the Branigar Organization ("the marina"), and the plaintiff, Mr. Hammersley, disagree with the Hoods on this point, arguing that the Hoods' involvement in the acts leading to Mr. Hammersley's injury serves to remove the Hoods from the protection of the Act. For the reasons stated below, the Court DENIES the Hoods' motion as to exoneration, and GRANTS the motion as to limitation.

BACKGROUND

Except as noted, these facts stated are undisputed, and viewed in the light most favorable to the nonmovants, the marina and Mr. Hammersley. The defendant, Branigar, owns and operates two saltwater marinas known as Landings Harbor and Delegal Creek Marina. Mr. Hammersley and the Hoods each have a boat that they dock at the marina. One day in June 1989, the marina anticipated that several boats participating in a fishing tournament, in addition to its regular customers, would need to dock at the marina during the event. The marina requested that some of the regulars, including Hammersley and the Hoods, move their boats from their regular slips to some other part of the marina, so that the boats participating in the fishing tournament could all dock in one area. It is unclear what happened next.

Dennis Chandler actually moved the Brum=Brum, but the parties disagree about how Chandler came to move it, and the nature of his relationship with the Hoods. The Hoods' statement of facts does not mention how Chandler learned about the marina's request to move the Brum=Brum, or whether Chandler called the Hoods to discuss the move, or the nature of Chandler's relationship with the Hoods. The Hoods' brief, however, states: "there was no employment relationship between Chandler and the Hoods, and Chandler is not the Hoods' employee ...."¹ Mr. Hammersley's version, however, is that

Dennis Chandler operates the vessel Brum=Brum with the permission of Dr. Hood and Mrs. Hood. Dennis Chandler helps in the overall maintenance and upkeep as well as the skippering of the vessel. Mr. Chandler is not paid anything but the Hoods' sic buy him something every now and then or pay for parts which he purchases.

Dennis Chandler called Dr. Hood and explained that Delegal Creek Marina had requested that the Brum=Brum be relocated to another slip to accommodate a fishing tournament at Delegal Creek Marina. Dennis Chandler called Dr. Hood for permission to relocate the Brum=Brum. Chandler discussed moving the vessel with Dr. Hood. Dr. Hood had no problem with the relocation of the vessel and gave permission for Chandler to comply with the request.²

The marina's version of the story sheds no further light on how the Brum=Brum came to be moved. It says, "the marina personnel requested both plaintiff Hammersley and the Hoods to move their respective vessels. An unidentified individual from the marina spoke with defendant Dr. Hood regarding the movement of his vessel, the Brum=Brum. The Brum=Brum was later moved by Dennis Chandler on June 6."³ The Hoods contend that Chandler "was directed to a slip on the E dock by the marina's dockhands. Chandler did not choose where to berth the Brum=Brum."⁴ Hammersley and the marina do not contest this fact, instead recounting this part of the story in vague, passive language.⁵ The parties agree that the berth to which the Brum=Brum was moved at the time of the incident with Mr. Hammersley was too small for the Brum=Brum. Although the parties appear to dispute how the Hoods found out that the marina wanted the Brum=Brum moved, they appear to agree that the Hoods (or at least Dr. Hood) spoke to Chandler before the move, and allowed him to move it.

In any event, the parties agree that Mr. Hammersley walked into the anchor stock of the Brum=Brum. The parties disagree whether Hammersley was not looking where he was walking when the accident occurred, and they disagree whether the protruding anchor was "open and obvious." On these facts, the Hoods have moved for partial summary judgment, contending that the Limitation of Vessel Owner's Liability Act, 46 U.S.C. App. § 181 through 188 (1988) applies to them, and limits their liability to the value of the Brum=Brum. See 46 U.S.C. App. § 183(a) (1988). Alternatively, the Hoods claim that they should be exonerated from any liability for Mr. Hammersley's injuries. Although the Hoods' motion has engendered some confusion among the other parties concerning the precise relief it requests, the Court will treat the motion as requesting limitation of liability and, in the alternative, exoneration, as to both Dr. and Mrs. Hood.

ANALYSIS

A. Summary Judgment

The "purpose of summary judgment is to `pierce the pleadings and to assess the proof in order to see whether there is a genuine need for trial.'" Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986) (quoting Advisory Committee Note). Summary judgment "shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 2509, 91 L.Ed.2d 202 (1986). Thus, summary judgment is appropriate where the nonmovant "fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). The substantive law governing the action determines whether an element is essential or material. E.g., Liberty Lobby, 477 U.S. at 248, 106 S.Ct. at 2510; DeLong Equip. Co. v. Washington Mills Abrasive Co., 887 F.2d 1499, 1505 (11th Cir.1989), cert. denied, ___ U.S. ___, 110 S.Ct. 1813, 108 L.Ed.2d 943 (1990). "A party seeking summary judgment always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the pleadings, depositions, answers to interrogatories, and admissions on file, if any, which it believes demonstrate the absence of a genuine issue of material fact." Celotex, 477 U.S. at 323, 106 S.Ct. at 2553; see Brown v. Crawford, 906 F.2d 667, 670 (11th Cir.1990). "The burden on the moving party may be discharged by `showing' — that is, pointing out ... — that there is an absence of evidence to support the nonmoving party's case." Celotex, 477 U.S. at 325, 106 S.Ct. at 2554.

It is then the nonmovant's burden to establish, by going beyond the pleadings, that there is a genuine issue as to facts material to the nonmovant's case. Earley v. Champion Int'l Corp., 907 F.2d 1077, 1080 (11th Cir.1990); Rollins v. TechSouth, Inc., 833 F.2d 1525, 1528 (11th Cir.1987). "Factual disputes that are irrelevant or unnecessary will not be counted." United States v. Gilbert, 920 F.2d 878, 883 (11th Cir.1991) (citation omitted).

In assessing whether the movant is entitled to summary judgment in its favor, the district court must review the evidence and all reasonable factual inferences arising from it in the light most favorable to the nonmoving party. E.g., Gilbert, 920 F.2d at 882; Hoffman v. Allied Corp., 912 F.2d 1379, 1383 (11th Cir.1990). The evidence need not be in a form that would be admissible at trial. Celotex, 477 U.S. at 324, 106 S.Ct. at 2553; Cottle v. Storer Communication, Inc., 849 F.2d 570, 575 (11th Cir. 1988). "Where the record, taken as a whole could not lead a rational trier of fact to find for the nonmoving party, then there is no genuine issue for trial." Matsushita Elec. Indus. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). The Court, however, must avoid weighing conflicting evidence, Liberty Lobby, 477 U.S. at 255, 106 S.Ct. at 2513; Brown v. Hughes, 894 F.2d 1533, 1536 (11th Cir.), cert. denied, ___ U.S. ___, 110 S.Ct. 2624, 110 L.Ed.2d 645 (1990), or making credibility determinations. Liberty Lobby, 477 U.S. at 255, 106 S.Ct. at 2513; McKenzie v. Davenport-Harris Funeral Home, 834 F.2d 930, 934 (11th Cir.1987).

B. Limitation and Exoneration Generally

The Limitation Act limits a shipowner's liability for an accident to the value of his vessel if the shipowner had no knowledge of or privity to the negligence or unseaworthiness that caused the accident. See 46 U.S.C. App. § 183(a) (1988). Although the courts have almost uniformly criticized application of the Act to pleasure craft, they have just as uniformly held that the language of the Act compels the conclusion that it does so apply. E.g., Keys Jet Ski, Inc. v. Kays, 893...