Matter of Palmer Johnson Savannah, Inc., Civ.A. CV496-121.
| Decision Date | 19 November 1997 |
| Docket Number | No. Civ.A. CV496-121.,Civ.A. CV496-121. |
| Citation | 1 F.Supp.2d 1386 |
| Parties | In the Matter of PALMER JOHNSON SAVANNAH, INC., as owners of Tug Palmer Johnson, Georgia Registration GA9500LM, in a cause of action of exoneration from, or limitation of, liability, Petitioner, |
| Court | U.S. District Court — Southern District of Georgia |
Gary A. Bubb, Jacksonville, FL, Hermann Coolidge, Jr., Mary Kathryn Hogan of Ranitz, Mahoney, Coolidge & Mahoney, Savannah, GA, for plaintiff.
George H. Chamlee, Chamlee, Dubus & Sipple, Savannah, GA, for defendant.
Petitioner Palmer Johnson Savannah, Inc., ("Palmer Johnson") brought the above-captioned action, pursuant to the Limitation of Liability Act, 46 U.S.C.App. §§ 181-196, to exonerate itself or limit its liability resulting from a mishap at the Palmer Johnson boat basin. On May 20, 1997, this Court issued an Order granting Claimant Peter Harrison's Motion for Partial Summary Judgment, establishing Palmer Johnson's liability, and leaving the amount of damages as the only unresolved issue in this case.1
Subsequently, this Court conducted a bench trial to determine the amount of damages for which Palmer Johnson is liable to Mr. Harrison. Having considered the testimony and exhibits presented at trial, the parties' pleadings, stipulations, trial briefs proposed findings of fact and law, and supplemental briefs, this Court enters the following Findings of Facts and Conclusions of Law pursuant to Rule 52(a) of the Federal Rules of Civil Procedure.
The RUSSE NOIR is a fifty-three foot Hallberg Rassy Model 53 sailing yacht owned by Mr. Peter Harrison, a British citizen and resident. Mr. Harrison brought the yacht to Palmer Johnson on July 15, 1995, to have an air conditioning system installed and other maintenance work performed. On April 5, 1996, Palmer Johnson's tug, the PALMER JOHNSON, broke its mooring lines and struck several docked vessels, including the RUSSE NOIR. The collision caused the RUSSE NOIR to break its mooring lines and propelled it across the narrow yacht basin where it collided bow first with the dock on the other side. The RUSSE NOIR sustained substantial damage to its hull at both the stem and stern areas.
Upon notification by Palmer Johnson of the mishap, Mr. Harrison dispatched his yacht captain, Marcus Fitzgerald, and a marine surveyor, Maitland Murray, both from Scotland, to Savannah to assess the damages and oversee repairs. Also sent to assess the damages were surveyors Anthony Knowles, hired by the yacht's underwriters, and David Scott, hired by Palmer Johnson. The three surveyors prepared and approved repair specifications for the yacht.
Palmer Johnson's surveyor, David Scott, testified at trial that, in his estimation, the repairs should have taken approximately thirty (30) days to complete. The repairs, however, took approximately eight months. In the interim, Mr. Harrison took a family vacation he had initially planned to take aboard the RUSSE NOIR. Because the RUSSE NOIR was unavailable, Mr. Harrison rented a power boat out of Miami and rerouted flights accordingly. Throughout this period, Mr. Harrison sent Mr. Murray and Mr. Fitzgerald to Savannah on various occasions to oversee the repairs and resolve any delays. On December 6, 1996, Palmer Johnson completed the repairs of the RUSSE NOIR and released the yacht to Mr. Harrison.
The Court makes the following conclusions regarding Palmer Johnson's liability to Mr. Harrison.
The parties have stipulated that Mr. Harrison is entitled to recover $59,226.85 for repairs that both sides agree resulted directly from the collision.
"Other Repairs"
Mr. Harrison seeks $4,281.76 for repairs that he asserts resulted from the accident but which Palmer Johnson contends were "owner's work" that was unrelated to the casualty.2 These "other costs" include damage to a spinnaker pole dropped by Palmer Johnson while performing repair work, a generator and a hot water heater. Palmer Johnson admitted at trial to dropping the spinnaker pole. Mr. Harrison has submitted evidence that the generator and hot water heater were operational before the accident and damaged afterward. Palmer Johnson has submitted no evidence to the contrary. Accordingly, this Court concludes that these damages resulted from the accident. Therefore, Mr. Harrison's claim in the amount of $4,281.76 for "other repairs" is granted.
Testimony at trial confirmed Mr. Harrison's contention that it would be difficult to find a surveyor in the Savannah area that specializes in yachts like the RUSSE NOIR. Furthermore, Mr. Harrison expressed a great deal of hesitation about hiring a local surveyor with whom he had no prior dealings or knowledge. Consistent with this testimony, the Court finds that it was reasonable for Mr. Harrison to hire Mr. Murray from Scotland.
Claimant's Exhibit 2 produced at trial details the fees and expenses paid by Mr. Harrison to Mr. Murray. A credit note in that Exhibit reveals that Mr. Murray determined the amount of time he spent attending each of the three vessels damaged in the accident, then reimbursed Mr. Harrison for the flight costs that were attributable to work performed on the other two vessels. Mr. Harrison received an 81.5% refund for the first trip, as Mr. Murray apparently devoted only 18.5% of his time to the RUSSE NOIR during that trip. The Court finds that the other expenses incurred during that visit should likewise be reduced from $993.85 to $183.85.3 With this reduction, the Court finds that the remaining fees and expenses paid by Mr. Harrison were reasonable. In sum, Mr. Harrison is entitled to recover a total of $23,268.58 from Palmer Johnson for Mr. Murray's fees and expenses.4
Upon hearing of the accident, Mr. Harrison dispatched both Mr. Murray and Mr. Fitzgerald to assess damages and oversee repairs. The Court finds that Mr. Murray could have represented Mr. Harrison adequately by himself, and that Mr. Harrison cannot recover the fees and other expenses incurred from the duplicative services of Mr. Fitzgerald during this initial visit.
As stated earlier, Palmer Johnson's surveyor, David Scott, testified that repairs to the RUSSE NOIR should have taken approximately thirty days to complete. By August, however, it had become apparent to Mr. Harrison that Palmer Johnson viewed his repairs as a low priority. Mr. Harrison sent Mr. Fitzgerald from Glasgow to Savannah to move the repairs along in August 1996 and once again in October 1996. The Court finds that Mr. Harrison's concerns regarding the repair delays were reasonable and that he should be compensated for some of the expenses he incurred regarding Mr. Fitzgerald. See Standard Marine Towing Serv., Inc., v. M.T. Dua Mar, 708 F.Supp. 562, 569 (S.D.N.Y.1989) ().
Not all of the costs claimed by Mr. Harrison are recoverable, however. Claimant's Exhibit 7 shows that Mr. Harrison paid Mr. Fitzgerald a flat rate of eighty-five pounds sterling ($137.70) for each day that Mr. Fitzgerald was in Savannah. Nothing produced at trial or in the record provides this Court with an accounting of exactly what Mr. Fitzgerald did during his stays in Savannah, aside from Mr. Fitzgerald's personal assurances that he pushed Palmer Johnson to maintain a tighter repair schedule. Furthermore, while the trip to Savannah beginning in August lasted only nine days, the trip beginning in October lasted forty-one days. No justification for the extended stay was provided to the Court. Finally, while Claimant's Exhibit 7 shows that Mr. Harrison paid $8,190.54 for Mr. Fitzgerald's expenses, it is unclear whether these expenses were directly related to...
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