Hogge v. SS YORKMAR

• Court: United States District Courts. 4th Circuit. United States District Court (Maryland)
• Citation: 434 F. Supp. 715
• Docket Number: 73-241-Y,73-750-Y and 73-761-Y.,Civ. No. 73-233-Y
• Parties: Elbert HOGGE v. SS YORKMAR, etc., et al. CALMAR STEAMSHIP CORPORATION, Third-Party Plaintiff, v. UNITED STATES of America, Third-Party Defendant. BETHLEHEM STEEL CORPORATION et al., Third-Party Plaintiffs, v. George C. BAKER et al., Third-Party Defendants. CALMAR STEAMSHIP CORPORATION et al. v. UNITED STATES of America, Defendant and Counter-Claimant. UNITED STATES of America v. CALMAR STEAMSHIP CORPORATION et al., Plaintiffs and Counter-Defendants. BETHLEHEM STEEL CORPORATION et al. v. George C. BAKER et al., Third-Party Defendants. Jacqi D. BRAZIL, etc. v. CALMAR STEAMSHIP CORPORATION. CALMAR STEAMSHIP CORPORATION, Defendant and Third-Party Plaintiff, v. UNITED STATES of America et al., Third-Party Defendants. Complaint of Bethlehem Steel Corporation, etc., et al. BETHLEHEM STEEL CORPORATION et al., Cross-Claim Plaintiffs, v. George P. BAKER et al., Cross-Claim Defendants.
• Decision Date: 11 March 1977

434 F. Supp. 715

Elbert HOGGE v. SS YORKMAR, etc., et al.

CALMAR STEAMSHIP CORPORATION, Third-Party Plaintiff, v. UNITED STATES of America, Third-Party Defendant.

BETHLEHEM STEEL CORPORATION et al., Third-Party Plaintiffs, v. George C. BAKER et al., Third-Party Defendants.

CALMAR STEAMSHIP CORPORATION et al. v. UNITED STATES of America, Defendant and Counter-Claimant.

UNITED STATES of America v. CALMAR STEAMSHIP CORPORATION et al., Plaintiffs and Counter-Defendants.

BETHLEHEM STEEL CORPORATION et al. v. George C. BAKER et al., Third-Party Defendants.

Jacqi D. BRAZIL, etc. v. CALMAR STEAMSHIP CORPORATION.

CALMAR STEAMSHIP CORPORATION, Defendant and Third-Party Plaintiff, v. UNITED STATES of America et al., Third-Party Defendants.

Complaint of Bethlehem Steel Corporation, etc., et al.

BETHLEHEM STEEL CORPORATION et al., Cross-Claim Plaintiffs, v. George P. BAKER et al., Cross-Claim Defendants.

Civ. Nos. 73-233-Y, 73-241-Y, 73-750-Y and 73-761-Y.

United States District Court, D. Maryland.

March 11, 1977.

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David R. Owen, and William R. Dorsey, III, Baltimore, Md., for Bethlehem Steel Corp.

Paul D. Bekman, Baltimore, Md., for Hogge and Brazil.

George E. Clements, Baltimore, Md., for Sanders.

William A. Grimes, George W. Constable, and James W. Constable, Baltimore, Md., for Penn Central Transportation Co.

Richard S. Wright, Baltimore, Md., for Berg Boat Co.

David V. Hutchinson, Admiralty & Shipping Section, U. S. Dept. of Justice, Washington, D. C., for United States.

MEMORANDUM OPINION

JOSEPH H. YOUNG, District Judge.

On February 2, 1973 the SS YORKMAR, a vessel owned by Bethlehem Steel Corporation and operated under charter by Calmar Steamship Corporation, while transiting the Chesapeake and Delaware Canal struck the vertical lift span of a railroad bridge causing extensive damage to the bridge, the vessel, and resulted in the death of a seaman aboard the SS YORKMAR, Philip J. Brazil, and alleged personal injuries to YORKMAR seamen Elbert Hogge and Gary Sanders. As the result of this incident numerous proceedings have been instituted. A summary of the parties and the status of these proceedings follows:

A. In the Matter of the Complaint of Bethlehem Steel Corporation, as Owner, and Calmar Steamship Corporation, as Bare Boat Charterer, Operator and Owner pro hac vice of the SS YORKMAR, for Exoneration From or Limitation of Liability, Civil Action No. 73-761-Y

This proceeding was instituted by Bethlehem Steel Corporation, as owner, and Calmar Steamship Corporation as Bare Boat Charterer, operator, and owner pro hac vice of the SS YORKMAR, pursuant to supplemental Rule F of the Federal Rules of Civil Procedure, seeking exoneration or limitation of liability from all claims arising out of the allision between the SS YORKMAR and the Penn Central Bridge. In this proceeding the following have filed claims pursuant to the Order of this Court dated August 1, 1973:

(a) Jacqi D. Brazil, as surviving widow of Philip J. Brazil, and mother and next friend of Philip R. Brazil and Randy M. Brazil, surviving children, and as the executrix of the estate of Philip J. Brazil, deceased, claiming damages as the result of the death of Seaman Philip J. Brazil.

(b) Elbert Hogge, a seaman aboard the SS YORKMAR, claiming damages for alleged personal injuries.

(c) Gary Richard Sanders and Peter Dolan, seamen aboard the SS YORKMAR, claiming damages for alleged personal injuries.

(d) Berg Boat Company, as owner of the tug "SQUAREHEAD" and the barge "POLLY ESTER," claiming damages as the result of the closure of the canal.

(e) Trustees of the property of the Penn Central Transportation Company, claiming damages as the result of the incident for costs of rerouting and detouring railroad traffic, lost revenue, extra per diem costs for delay in the movement of cars, lost demurrage, extra operation and engineering costs and expenses, and other costs not yet ascertained.

(f) United States of America, claiming damages by virtue of the fact that it repaired the railroad bridge.

In these same proceedings Bethlehem Steel Corporation and Calmar Steamship Corporation have filed a cross claim against the Trustees of the Property of the Penn Central Transportation Company, alleging that the accident was the fault of the Penn Central Transportation Company and seeking indemnity and/or contribution with respect to the claims of Jacqi Brazil, Elbert Hogge, Gary Sanders, the Berg Boat Company and the United States of America, as set out above.

B. Jacqi D. Brazil, Executrix of the Estate of Philip J. Brazil, Deceased, Plaintiff v. Calmar Steamship Corporation, Defendant and Third-Party Plaintiff v. United States of America and Trustees of the Property of Penn Central Transportation Company, Third-Party Defendants, Civil Action No. 73-750-Y

This action was originally filed in the United States District Court of Washington, Western District, and transferred to the United States District Court for the District of Maryland by order of the United States District Court for the Western District of Washington, entered on July 20, 1973. The suit alleges that the deceased was a member of the crew of the SS YORKMAR, that his death was caused when the SS YORKMAR struck the railroad bridge span, and seeks judgment against the Calmar Steamship Corporation in such sum as will compensate the surviving widow for damages allegedly sustained by reason of the deceased's allegedly wrongful death. Calmar has filed third-party complaints against both the United States of America and the Trustees of the Property of the Penn Central Transportation Company, and pursuant to Rule 14(c), Federal Rules of Civil Procedure, has made the plaintiff, Jacqi D. Brazil, the plaintiff against the third-party defendants, United States of America and the Trustees of the Property of the Penn Central Transportation Company, tendering the defense of the case under that rule, and seeking indemnity and/or contribution for any judgment entered against it with attorneys' fees, court costs, and expenses. This litigation is subject to the Order of this Court dated August 1, 1973 in the limitation proceeding, referred to above, enjoining the prosecution of any suits, actions or claims against Bethlehem Steel Corporation, Calmar Steamship Corporation and the SS YORKMAR, save in the limitation proceeding.

C. Elbert Hogge, Plaintiff v. Bethlehem Steel Corporation, Calmar Steamship Corporation, and the SS YORKMAR, Defendants; Calmar Steamship Corporation, Third-Party Plaintiff v. The United States of America, Third-Party Defendant; Bethlehem Steel Corporation and Calmar Steamship Corporation, Third-Party Plaintiffs v. Trustees of the Property of Penn Central Transportation Company, Third-Party Defendant, Civil Action No. 73-233-Y

In this action, Elbert Hogge, a seaman aboard the SS YORKMAR, brought suit against the SS YORKMAR and Bethlehem Steel Corporation and Calmar Steamship Corporation for injuries allegedly sustained in the accident. Calmar filed a third-party complaint against the United States of America and, under Rule 14(c), Federal Rules of Civil Procedure, made the plaintiff Elbert Hogge, a plaintiff against the thirdparty defendant and tendered the defense of the case to the United States of America and also sought judgment for indemnity for any judgment that may be entered in favor of Hogge with interest, counsel fees and costs. Bethlehem Steel Corporation and Calmar Steamship Corporation have also filed a third-party complaint against the Trustees of the Property of the Penn Central Transportation Company and have made the plaintiff, Elbert Hogge, a plaintiff against the Trustees of the Property of the Penn Central Transportation Company and tendered the defense of the action to the Trustees of the Property of the Penn Central Transportation Company and sought judgment for indemnity and/or contribution in its favor against said Trustees for any judgment that might be entered against them in favor of Hogge. This litigation is subject to the Order entered in the limitation proceedings on August 1, 1973 enjoining the prosecution of any further suits, actions, claims or counter-claims against Calmar Steamship Corporation, Bethlehem Steel Corporation and the SS YORKMAR.

D. Calmar Steamship Corporation, Plaintiff v. United States of America, Defendant; United States of America, Counterclaim Plaintiff v. Calmar Steamship Corporation and SS YORKMAR, in rem, Counterclaim Defendants; Calmar Steamship Corporation and Bethlehem Steel Corporation, Third-Party Plaintiffs v. Trustees of the Property of the Penn Central Transportation Company, Third-Party Defendant, Civil Action No. 73-241-Y

This suit was instituted by Calmar Steamship Corporation against United States of America, claiming damages for the injury done to the SS YORKMAR and seeking indemnity and/or contribution for any damages paid in the satisfaction of claims or suits filed against it as the result of the accident. In its answer, the United States of America counterclaimed for its damages and joined the SS YORKMAR as an additional party. Subsequently, the Trustees of the Property of the Penn Central Transportation Company sought leave to intervene against both the United States of America and Calmar Steamship Corporation as intervening plaintiff. The motion was granted with respect to the United States, but denied with respect to Calmar Steamship Corporation because of the injunction entered in connection with the limitation proceeding referred to above. Accordingly, this action also encompasses a claim by the Trustees of the Property of the Penn Central Transportation Company for its damages against the United States of America and a counterclaim by the United States against the Penn Central Transportation Company. In addition, Calmar Steamship Corporation has filed a third-party complaint against the Trustees of the Property of the Penn...