In re Read's Petition

• Decision Date: 05 December 1963
• Docket Number: No. 2080-ADM.,2080-ADM.
• Citation: 224 F. Supp. 241
• Parties: Petition of L. Henry READ, Jr., and B. Devereaux Barker, Jr., for Exoneration from or Limitation of Liability as Owners of the YACHT MERIDIAN, No. 237391.
• Court: U.S. District Court — Southern District of Florida

224 F. Supp. 241

Petition of L. Henry READ, Jr., and B. Devereaux Barker, Jr., for Exoneration from or Limitation of Liability as Owners of the YACHT MERIDIAN, No. 237391.

No. 2080-ADM.

United States District Court S. D. Florida.

December 5, 1963.

Richard Ralph, Miami, Fla., for petitioners.

Nichols, Gaither, Beckham, Colson & Spence, Miami, Fla., for claimant.

DYER, Chief Judge.

This is a proceeding in Admiralty on a Petition for Limitation of or Exoneration from Liability, 46 U.S.C.A. §§ 181-195, filed by L. HENRY READ, JR. and B. DEVEREAUX BARKER, JR., as owners of the yacht "MERIDIAN." GEORGE PENNELL answered the Petition and filed claim for personal injury, no other claimants having appeared and their default having previously been noted. The facts are not in dispute.

The Petitioners each owned equal undivided fifty per cent shares in the two-masted auxiliary yacht "MERIDIAN", an American pleasure yacht, Official No. 237391, registered length 52.4 feet; breadth 14.2 feet; depth 5.9 feet, of 28.13 gross and 19 net tonnage.

Petitioner BARKER was a resident of Massachusetts and Petitioner READ, a resident of Florida. Each of the owners had equal control of the yacht and authority to act for the other when the yacht was either in Florida or Massachusetts waters. Immediately before, and at the time of the accident, the vessel was in charge of Petitioner READ, acting as its co-owner and Captain for the purpose of making it ready for and participating in the Miami-Nassau race of January 30-31, 1961.

In addition to the capstan deck winches, the "MERIDIAN" was equipped with a pedestal winch designed by Sparkman & Stevens, Inc., naval architects specializing in yacht design, and manufactured by Nevins. This winch was located in the after part of the deck aft of the mizzenmast on the midline. The drum of the winch was aft of the pedestal. The horizontal drum had two opposing notches or fairleads on opposite edges of the drum cover and a wood cleat riveted in the center of the cover. The drum operated on a roller bearing on a vertical shaft. The drum is driven in a clockwise direction by a chain drive to a sprocket that engages through ratchet pawls in the base of the drum. Fixed pawls in the base of the drum under spring tension acting on a camed surface lock the drum to prevent counterrotation.

The chain drive to the drum sprocket is driven by a sprocket attached to the base of a vertical shaft contained in the pedestal. This vertical shaft extends from the pedestal base to the top housing and a rack with two concentric rings of bevel gears connected to the vertical shaft. Running fore and aft across the center of the vertical end of the shaft is a horizontal crankshaft to which arms are attached on the outside of the housing to the fore and aft ends of the crankshaft. At the end of each is a wooden handle which revolves on handle pins affixed to the respective arms. On the horizontal crankshaft are two bevel gears, ratchet sleeves and a compression spring between.

The housing cover has an indicator which pivots in a horizontal plane. This lever-indicator actuates a yoke which moves through a partial distance along the axis of the crankshaft engaging the aft ratchet sleeve, moving it in or out to engage or disengage the aft bevel gear. The lever-indicator in its forward position gave the forward handle a ratcheting action on a port to starboard rotation and a lower drum speed in relation to crank rotation. With the lever-indicator in the aft position the forward handle would rotate in the same direction for the same low drum speed; the port to starboard rotation would be changed from ratcheting to a high drum speed in relation to crank rotation.

In January, 1961, Claimant PENNELL was twenty-five years of age and resided with his parents in West Palm Beach, Florida. He had completed two years of college. He had sailed and raced small sail boats and had done some day cruising on a thirty foot sail boat, but he had never before participated in an ocean going race.

Claimant drove to Miami from West Palm Beach on January 29, 1961, hoping to get a berth on one of the yachts sailing in the Miami-Nassau race. In the words of the Claimant, he wanted to participate in the race for the sport of it and for his personal pleasure because he liked to sail. That evening he sought out vessel owners in an attempt to get their permission for him to go aboard, but to no avail.

He slept in his car that night, and on the morning of January 30, 1961 (the day the race was scheduled to commence) he approached B. DEVEREAUX BARKER III, the son of one of the Petitioners, who was on the "MERIDIAN" then moored at the Coral Reef Yacht Club. Claimant discussed his desire to participate in the race and his sailing experience with BARKER, who was about the same age as Claimant. BARKER thought Claimant would be campatible with the others on board and had sufficient experience, so after discussing the matter with Petitioner READ and receiving his permission, Claimant was invited aboard the "MERIDIAN" for the race. The "MERIDIAN'S" classification as to size and sail was Class A in the race, this class being for the larger vessels.

The yacht had ten persons aboard, all being older than BARKER III and Claimant. Seven were friends, business associates or acquaintances of Petitioner READ, and the eighth was STUBBS, a Bahamian, who was the only "hired hand" on the yacht. Petitioner READ had known him for some twenty years and had used him on many other occasions.

Except for STUBBS none of the other persons, including Claimant, were promised or received monetary payment or other consideration for duties performed on the vessel. In fact, Petitioner READ expected to cruise the Bahamas with the "MERIDIAN" following the race, and all persons aboard were to make their own arrangements for their return to Miami.

Before leaving the yacht club, a mechanic, at the direction of Petitioner READ, installed a new compressor unit in the refrigerator. He then checked the lubrication of the pedestal winch by turning it and then removing the covering between the pedestal and drum, exposing the chain. He cleaned off the grease and re-greased it by revolving the chain without removing the drum or otherwise dismantling the winch.

The drum had last been removed the preceding June or July by personnel of a marine yard in Marblehead, Massachusetts, at which time the winch was dismantled, checked and lubricated and no parts replacement was reported or billed.

The "MERIDIAN" was equipped with a ship-to-shore radio which was operative and various items were checked in connection with check lists preparatory to the race.

The pedestal winch had no history of difficulties, abnormalities or malfunctioning. The vessel had been in the Lipton Cup Race the Saturday prior to the Miami-Nassau Race and the winch operated without fault.

Petitioner READ furnished the food for consumption during the race, and it was, of course, contemplated that all of those aboard, including the Claimant, would participate and assist in the sailing of the vessel during the race.

The "MERIDIAN" left the yacht club and proceeded to try various sails in the vicinity of the starting line. Claimant had helped bag sails before leaving and assisted in adjusting some stays. Shortly after the race started, Claimant became seasick and spent the night below. About eleven o'clock the next morning, January 31, 1963, he came on deck and appeared recovered.

About four o'clock that afternoon, Petitioner READ proceeded to the port side of the winch to trim the Genoa. BRUCE, who had sailed the "MERIDIAN" many times and who had previously been assigned to handle the winch, followed and about when he had reached the mizzenmast, Claimant, who had been lying down on the deck on the port side, got up and went to the starboard side of the winch. The last major tack had been made about fifteen minutes before, and the "MERIDIAN" was on a course to Nassau on a port tack. The sea was moderate, with the wind about fifteen knots.

The sheet from the Genoa, through various leads on the starboard side, was wrapped three or four times around the drum and thence through one of the fairleads on the drum lid rim and secured to the drum cleat.

Petitioner READ on the port side and Claimant on the starboard side proceeded to crank the winch for some ten to forty seconds to take in the Genoa sheet slightly to trim the luff of the sail. Having completed the operation, Petitioner READ turned and moved forward, and Claimant either seated himself or was bent over in the process of sitting down when the forward handle spun at great speed striking him in the face and forehead, propelling him against the starboard lifeline.

The Genoa sheet was intact and had run out only about two or three inches. The cleat had not pulled out but was fractured with the sheet still around it. The sheet was readjusted with the pedestal winch which operated properly.

First aid was administered to Claimant and an attempt to reach Nassau by radio was unsuccessful although sufficient output and power source was indicated. Another vessel was hailed within a few minutes and reached Nassau by radio. Shortly thereafter the "MERIDIAN" met a power boat with a doctor aboard which had been dispatched from Nassau, but since the "MERIDIAN" could make better time than the power boat and because of the difficulty of transferring Claimant at sea, the "MERIDIAN" continued to Nassau with Claimant aboard, arriving about six that evening. Claimant was transferred to another boat in the harbor and thence taken to a hospital.

Was Claimant a Seaman or Crew Member Employee?

As has been earlier noted, Claimant came to Miami seeking to participate in the Miami-Nassau race for the sport of it and for his personal pleasure because he liked to sail. He was not paid or promised a wage or salary nor return transportation from Nassau. This was no commercial venture but...