Inland Marine Serv., Inc. v. Estates of J.M.
| Decision Date | 22 April 2016 |
| Docket Number | Case No. 1:14-cv-833 |
| Citation | 183 F.Supp.3d 844 |
| Court | U.S. District Court — Southern District of Ohio |
| Parties | In re: Inland Marine Service, Inc., et al., Petitioners, v. Estates of J.M. Stack & B.B. Eastlick, Respondents. |
Jay Douglas Patton, Megan Ahrens Sullivan, Todd Matthew Powers, Schroeder Maundrell Barbiere & Powers, Mason, OH, for Petitioners.
David C. Ahlstrom, Law Offices, West Chester, OH, Steven C. Schletker, Covington, KY, for Respondents.
ORDER DENYING PETITIONERS' MOTION FOR SUMMARY JUDGMENT
(Doc. 61)
This civil action is before the Court on Petitioners' motion for summary judgment (Doc. 61) and the parties' responsive memoranda (Docs. 65, 66, 70).
The events which occurred on September 25, 2014 in the Cincinnati harbor (near the Purple People Bridge) reflect a sad story. Bryce B. Eastlick and John M. Stack lost their lives when their pleasure craft (the "Eastlick boat") collided with the tow of the M/C Caleb Lay, an inland river towing vessel owned by Petitioners.
The Stack and Eastlick Estates have asserted claims against Petitioners for wrongful death, pre-death conscious pain and suffering, and loss of consortium/mental anguish. (Docs. 10, 11).
1. This case arises from a September 25, 2014 boating incident in which a 19' pleasure craft owned by Bryce and Anna Eastlick (the "Eastlick boat") collided with the tow of the M/V Caleb Lay, a 5,000 horsepower inland river towing vessel operated by Petitioner Inland Marine Service, Inc. (Doc. 1 at ¶¶ 4, 8; Doc. 1-1 at ¶ 4; Doc. 61-2 at 66).
2. At the time of the incident, the Eastlick boat was occupied by Bryce Eastlick and John Stack II. (Doc. 1 at ¶ 8).
3. The incident occurred at or around Ohio River Mile 470 in the Port of Cincinnati at approximately 11:00 p.m. (Doc. 1 at ¶ 8).
4. Just prior to the collision, the M/V Caleb Lay was traveling upriver at an approximate speed of 4-4.2 miles per hour and the Eastlick boat was headed downriver. (Doc. 1 at ¶ 8).
5. Eastlick and Stack were both killed in the collision. (Doc. 1 at ¶ 8).
6. At the time of the incident, the M/V Caleb Lay was owned by Petitioner Lay Leasing, Inc. (Doc. 1 at ¶ 4).
7. Petitioners AEP River Operations LLC and Inland Marine Service, Inc. were the owners pro hac vice of the M/V Caleb Lay by virtue of bareboat charter agreements. (Doc. 1 at ¶ 4).
8. The M/V Caleb Lay was crewed and operated by Inland Marine. (Doc. 1 at ¶ 4).
9. The crew of the M/V Caleb Lay consisted of a captain, a pilot, five deckhands, an engineer, and a cook. (Doc. 61-3 at 28).
10. On September 25, 2014, Michael Forbess was the captain and Kenneth Long was the pilot. (Doc. 61-3, Ex. 5; Doc. 61-4 at 35).2
11. Long boarded the M/V Caleb Lay at Clifty Creek, Ohio River Mile 560, on September 23, 2014 at 13:00. (Doc. 61-4 at 42, Ex. 4).
12. Two days later, during the early afternoon of September 25, 2014, Forbess boarded the vessel at Tanner's Creek, Ohio River Mile 494. (Doc. 61-3 at 53, 56, Ex. 4). Forbess is on the sixth issue of his Coast Guard license and has been piloting vessels for 30 years. (Doc. 61-3 at 135, 189-190).
13. Long has been working on the river since 1969 and has been piloting vessels since 1977. (Doc. 61-4 at 10, 13).
14. On the date of the incident, the M/V Caleb Lay was traveling upriver on the Ohio River. Forbess went on watch by 17:15, relieving Long. (Doc. 61-3 at 67).
15. During their watch change discussion, Long did not report any problems with the operation of the vessel. (Doc. 61-3 at 59; Doc. 61-4 at 49, 54).
16. During the period of 18:40–20:10, the M/V Caleb Lay performed tow work at the McGinnis 480 fleet. (Doc. 61-3 at 66-69).
18. Specifically, the M/V Caleb Lay dropped off five barges. (Doc. 61-3 at 69).
19. After the tow work was completed, the tow was configured in two strings of five loaded barges, with an empty barge on the port bow. (Doc. 61-3 at 75, Ex. 8; Doc. 61-4 at 65).
20. The bow of the tow was 105' wide. (Doc. 61-3 at 205).
21. By the time they departed the McGinnis fleet at 20:10, the deck crew had placed the portable tow lights on the head of the tow; a red light on the port, a flashing amber light in the center, and a green light on the starboard. (Doc. 61-6 at 45-46, 57-58, Ex. 19; Doc. 61-9 at 52-53).
22. The tow lights are equipped with sensors that cause them to automatically illuminate at dusk. (Doc. 61-6 at 43; Doc. 61-9 at 44).3
23. As the M/V Caleb Lay got underway and headed upriver into the Cincinnati harbor, it was running at fuel economy, operating at 4-4.2 miles per hour. (Doc. 61-3 at 82, 90, 143; Doc. 61-4 at 69, 96).
24. There was no weather in the area and the river was at pool stage. (Doc. 61-3 at 198, 219-220; Doc. 61-4 at 93).
25. Meanwhile, Eastlick and Stack had decided to take the Eastlick boat out onto the Ohio River in order to listen to the Dierks Bentley concert at Riverbend. (Doc. 61-2 at 32-34, 62).
26. They departed the Eastlick house between 5:00 and 5:30 p.m. (Doc. 61-2 at 35).
27. Forbess was standing behind Long, who had just taken a seat in the captain's chair. (Doc. 61-3 at 148-150, 155, Ex. 23-24; Doc. 61-4 at 92).
28. Forbess observed the Eastlick boat, traveling downriver. (Doc. 61-3 at 148-150, 156, 160, Ex. 23-24).
29. Forbess testified that he was not alarmed by the approaching Eastlick boat. (Doc. 61-3 at 156-158).4
30. Prior to impact, Pilot Long saw a "glimpse of white light." (Doc. 61-4 at 142).
31. The Cincinnati harbor is designated a no wake zone. Forbess testified that the Eastlick boat was traveling 30 miles per hour or faster. (Doc. 61-3 at 102, 150, 157; Doc. 61-4 at 96; Doc. 61-5 at 144-154).
32. A text message sent by Stack at 22:54, just minutes prior to the collision, states: "I'm doing about 60mph on the water rigt (sic) now." (Doc. 61-8 at 9, #10).5
33. After spotting the Eastlick boat, Forbess visually tracked it as it continued downriver off to the port side. (Doc. 61-3 at 221, 223).
34. The Eastlick boat turned to its port, striking the port side of the starboard lead barge. (Doc. 61-3 at 148-150, 160, 256, Ex. 23-24; Doc. 61-4 at 134).
35. The Eastlick boat disappeared in front of the starboard lead barge following this initial impact. (Doc. 61-3 at 148-150, Ex. 23-24).
36. The M/V Caleb Lay began backing. (Doc. 61-3 at 160-161; Doc. 61-4 at 104).6
37. The Eastlick boat struck the M/V Caleb Lay a second time. (Doc. 61-3 at 148-150, Ex. 23-24; Doc. 61-4 at 105).
38. The Eastlick boat lost power after the second impact. (Doc. 61-3 at 165).
39. After the incident, Forbess went to the head of the tow and then boarded the jon boat7 in order to respond to the Eastlick boat. (Doc. 61-3 at 163-164).
40. When Forbess inspected the head of the tow following the incident, he was able to confirm the tow lights were working. (Doc. 61-3 at 175).
41. The Mate, Abram Dennis, also confirmed all three tow lights were illuminated. (Doc. 61-6 at 36-38).8
42. Following the incident, the Northern Kentucky Office of the State Medical Examiner performed toxicology testing and autopsies on both Stack and Eastlick. (Doc. 61-5 at 484-510).
43. The toxicology results confirm that Eastlick's blood alcohol level was 0.178 and Stack's blood alcohol level was 0.158. (Doc. 61-5 at 488, 501; ORC § 1547.111 ; KRS §§ 235.240, 189A.010 ).9
44. Several empty beer bottles and cans were found in the Eastlick boat following the collision. (Doc. 61-5 at 144-154).
45. The medical examiner determined the cause of death for both men was blunt impact injuries to the head. (Doc. 61-5 at 485, 498).
46. On October 24, 2014, Petitioners initiated the instant action by filing a Complaint for Exoneration or Limitation of Liability. (Doc. 1).
47. The Estates for Stack and Eastlick both asserted claims against Petitioners for wrongful death, pre-death conscious pain and suffering, and loss of consortium/mental anguish. (Docs. 10, 11).
A motion for summary judgment should be granted if the evidence submitted to the Court demonstrates that there is no genuine issue as to any material fact, and that the movant is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). See Celotex Corp. v. Catrett , 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) ; Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 247–48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The moving party has the burden of showing the absence of genuine disputes over facts which, under the substantive law governing the issue, might affect the outcome of the action. Celotex , 477 U.S. at 323, 106 S.Ct. 2548. All facts and inferences must be construed in a light most favorable to the party opposing the motion. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).
A party opposing a motion for summary judgment "may not rest upon the mere allegations or denials of his pleading, but...must set forth specific facts showing that there is a genuine issue for trial." Anderson , 477 U.S. at 248, 106 S.Ct. 2505 (1986).
46 U.S.C. App. § 183(a). Pursuant to this statute, when a maritime loss occurs absent privity or knowledge of the vessel owner, liability of the owner is limited to the value of the owner's interest in the vessel and the vessel's pending freight. In re: Estate of Charles Muer , 146 F.3d 410, 414 (6th Cir.1998).10
The determination of a limitation of liability claim is a two-step process. First, a court must determine...
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