Placid Oil Company v. SS WILLOWPOOL

• Decision Date: 20 February 1963
• Docket Number: No. 704.,704.
• Parties: PLACID OIL COMPANY and Hassie Hunt Trust, W. H. Hunt, Trustee, Libellants and Cross-Respondents, v. S.S. WILLOWPOOL, Her Engines, Tackle, Apparel, etc., Pool Shipping Co., Ltd., and Sir R. Ropner and Co., (Management) Ltd., Respondents and Cross-Libellants.
• Court: U.S. District Court — Eastern District of Texas

214 F. Supp. 449

PLACID OIL COMPANY and Hassie Hunt Trust, W. H. Hunt, Trustee, Libellants and Cross-Respondents, v. S.S. WILLOWPOOL, Her Engines, Tackle, Apparel, etc., Pool Shipping Co., Ltd., and Sir R. Ropner and Co., (Management) Ltd., Respondents and Cross-Libellants.

No. 704.

United States District Court E. D. Texas, Beaumont Division.

February 20, 1963.

C. A. Brown, Royston, Rayzor & Cook, Galveston, Tex., George W. Brown, Jr., Brown & Fulbright, Beaumont, Tex., Lemle & Kelleher, New Orleans, La., for libellants and cross-respondents.

Edward W. Watson, Eastham, Watson, Dale & Forney, Galveston, Tex., for respondents and cross-libellants.

FISHER, District Judge.

This case concerns a collision between a moving vessel and a stationary unmanned gas well platform situated in navigable waters of the Gulf of Mexico on the Outer Continental Shelf, July 13, 1960.

Libellants were the owners of the fixed, off-shore, unmanned platform or structure made of steel and set into the bed of the Gulf of Mexico in approximately 100 feet of water, with its upper structure extending 50 feet above the surface of the Gulf waters. It was physically located on Outer Continental Shelf Oil and Gas Lease No. 0437, Eugene Island Area, Gulf of Mexico, at Latitude 28° 42' 24.695" North and Longitude 91° 46' 11.734" West, more than fifty miles off the Louisiana Coast.

This unmanned platform had been designated by the U. S. Coast Guard at New Orleans, Louisiana, as Placid 104-2, and was known additionally as Well No. 2, Block 199 and OCS 0347-2, Eugene Island Area, and for simplification, will be referred to hereinafter as Platform 199-2.

An Oil and Gas Lease for Block 199, Eugene Island Area, was granted to Libellants by the United States of America, and said Platform 199-2 was erected in Block 199 in accordance with and pursuant to authorizations from the United States Corps of Engineers. Said Platform 199-2 was around a completed but shut-in gas well owned by the Libellants.

The private aids to navigation on Platform 199-2 were placed thereon after an application to, and approval of that application, by the District Commander, U. S. Coast Guard, New Orleans, Louisiana, and Headquarters, U. S. Coast Guard, Washington, D. C., and consisted of two light fixture apparatuses, one on each of diagonal corners, and a fog signal apparatus, all located on the top of Platform 199-2.

In the immediate area of Platform 199-2 were three other similar type, unmanned, fixed platforms protecting completed but shut-in wells, with two light apparatuses and a fog signal on each, known as 199-1, 202-2, and 198-2, all owned by the Libellants. There was also an offshore drilling rig known as "Penrod 52", not owned by Libellants, which was actively engaged in drilling operations in Block 202-3 at the time in question.

The S.S. WILLOWPOOL was and is a large ocean-going, British flag steamship, 486 feet in length, 61 feet 8 inches in breadth, of 8,971.99 gross tons and 5,731.62 net tons, owned and operated by the Respondent and Cross-Libellant herein, Pool Shipping Company, Ltd. of Darlington, England.

On July 13, 1960, the S.S. WILLOWPOOL was proceeding in a generally westerly direction from Dry Tortugas to Sabine Pass, in ballast, and without cargo, with its destination being the port of Port Arthur, Texas. At approximately 10:30 P.M. on the night of July 13, 1960, the S.S. WILLOPOOL collided with Platform 199-2, demolishing said Platform and causing substantial damages to the completed but shut-in gas well, and further, sustaining damages herself.

The Libellants assert many allegations of fault and neglect on the part of the S.S. WILLOWPOOL and those in charge of her, the principal ones of which are, (1) that she was not maintaining a proper lookout; (2) that she failed to make proper and effective use of her radar, and (3) that she failed to obtain and/or make proper and effective use of and to observe the Notices to Mariners and Charts informing navigators of the presence and location of such unmanned platforms.

The Respondents answer, contending that the S.S. WILLOWPOOL and those in charge of her were not in any manner at fault, and further, alleging by cross-action, that the Libellants were at fault in failing to comply with the statutory requirements for the maintenance of aids to navigation on Platform 199-2, more specifically, the lights and the fog horn.

The issue of damages has been severed from this cause; therefore, only the question of liability will be determined at this time.

Factually, this case is very similar to the recent case of Continental Oil Company v. M. S. Glenville, D.C., 210 F.Supp. 865 (1962), and many of the authorities cited therein are equally applicable to this case.

In determining the issues and ruling on the liability in this case, we must begin with a presumption that when a moving ship collides with either a vessel at anchor or with a stationary or fixed object, there is not only a presumption in favor of the anchored vessel or stationary object, but a presumption of fault on the part of the moving vessel which shifts the burden of proof.¹

Therefore, for the S.S. WILLOWPOOL to absolve herself from any liability, she must show that she was without fault or that the collision was occasioned by fault on the part of the stationary Platform 199-2, or was the result of an inevitable accident.

Considering first the alleged faults of the S.S. WILLOWPOOL, let us reconstruct the setting prior to and at the time of the collision. The S.S. WILLOWPOOL, an elegant and new vessel, on her third voyage since launching, and her first venture into the Gulf of Mexico, was proceeding, with cargo gear raised, from her last port to Port Arthur, Texas. She was equipped with a modern radar set, which was actually on and being used by the officer on watch. She was using a relatively small scale chart, without any definite knowledge as to specific location of offshore structures and drilling rigs lying in her course, except for a general caution appearing on Admiralty Chart 3981 (Resp. Ex. 37), "Cape San Blas to Ship Shoal", which stated, "numerous oil derricks carrying lights and fog signals exist within, and in the vicinity of, the 20 fathom line and are subject to frequent change."

She was proceeding at her maximum speed, in excess of 14 knots, on automatic pilot, under weather conditions described by the officer on watch, Third Mate Jones, as "a very dark night, very clear atmosphere, visibility very good, wind approximately force 2, light force 2, slight ripple in the sea", and which the Master described as "a beautiful night for sailing with practically unlimited visibility."

To complete the setting, there was an officer on the bridge in charge of navigation, Third Mate Jones, and lookout, Wescott, who was stationed on the starboard wing of the bridge by Third Mate Jones.

The drilling rig "Penrod 52" was first observed approximately 17 miles away and was almost directly ahead of the course and path of the S.S. WILLOWPOOL. The course of the WILLOWPOOL was changed when approximately 6 miles from "Penrod 52", and was again changed back when the drilling rig was estimated to be off her port beam, then proceeded at full speed ahead some 2.1 nautical miles prior to the collision with Platform 199-2. (At 14 knots, the distance of 2.1 nautical miles could be traversed in less than ten minutes).

It is clear from the facts and authorities, hereinafter cited, that ordinary common sense, ordinary prudence and ordinary good seamanship would require a qualified, efficient and vigilant lookout. Did the S.S. WILLOPOOL, and those in charge of her, fail to keep a proper lookout?

It is undisputed that the lookout, Wescott, at the time of the collision was stationed on the starboard wing of the bridge, some 233 feet from the bow. There is credible testimony from the Chief Mate Robinson, Second Mate Hayward and Third Mate Jones that from experience, the best location to station a lookout, in order to best serve his purpose as lookout in good visibility, would be on "monkey island", an open area on top of the wheelhouse portion of the bridge. In fact, it was the usual and customary practice for the watch officer to place a lookout on top of "monkey island", only the testimony of Captain Churchill being to the contrary. Neither the officer in charge of navigation, Third Mate Jones, nor the assigned lookout, Wescott, could adequately explain why Wescott had been stationed on the starboard wing of the bridge, rather than on "monkey island." It is interesting to observe that a lookout was assigned and stationed on "monkey island" after the collision and until daylight. There is also credible testimony in the record that the lookout was changed "out at sea in the ocean every hour." However, lookout Wescott had been on duty for approximately two and one-half hours at the time of the collision.

The lookout, Wescott, did not maintain his assigned lookout at all times. Neither did he use binoculars while performing lookout duties. The lookout went from the starboard side to port side to look at and observe the drilling rig, "Penrod 52." As will be recalled, the S.S. WILLOWPOOL passed one-half to three-quarters of a mile from "Penrod 52" when directly off the port beam. The lookout testified that he "may have and I may not" have used binoculars to look at "Penrod 52", but that the officer...