SCF Waxler Marine LLC v. M/V Aris T
Decision Date | 19 November 2019 |
Docket Number | c/w 16-959, 16-1022, 16-1060, 16-1134,c/w 16-1614,CIVIL ACTION NO. 16-902 |
Citation | 427 F.Supp.3d 728 |
Parties | SCF WAXLER MARINE LLC, d/b/a/SCF Liquids v. M/V ARIS T, a Bulk Carrier Ship, IMO No. 9343895, MMSI No. 2406260000, Her Engines, Tackle, Apparel, and Other Appurtenances, in rem, in Admiralty |
Court | U.S. District Court — Eastern District of Louisiana |
Scott Rodgers Wheaton, Jr., Stanley Jerome Cohn, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, New Orleans, LA, Alan K. Goldstein, Jacob Daniel Curtis, Goldstein & Price, St. Louis, MO, for Plaintiff.
Daniel Alfred Tadros, Thomas Deming Forbes, Chaffe McCall LLP, New Orleans, LA, for Defendant.
FINDINGS OF FACT & CONCLUSIONS OF LAW
This matter involves a maritime accident that occurred on January 31, 2016, on the Mississippi River near Hahnville, Louisiana, when the ocean-going bulk carrier M/V Aris T ("Aris T ") struck three marine terminals – one owned by Valero Refining - New Orleans, L.L.C. ("VRNO") and two owned by Shell Chemical, L.P. ("Shell") and Motiva Enterprises LLC ("Motiva") (collectively "Shell/Motiva") – along with some vessels and barges that were either moored to, or underway near, the docks and owned by SCF Waxler Marine LLC ("SCF Waxler") or Kirby Inland Marine ("Kirby").
On February 2, 2016, SCF Waxler sued the Aris T, in rem , in this Court seeking redress for damages sustained by its towboat and barges (C/A No. 16-902).1 Over the next few days, VRNO and Shell/Motiva filed suit against the Aris T , in rem , and its owner, ARIS T ENE, and manager, Marmaras Navigation, Ltd. ("Marmaras"), in personam (collectively, the " Aris T interests") (C/A Nos. 16-959, 16-1022 & 16-1060). On February 5, 2016, the Aris T interests filed a complaint under the Limitation of Liability Act, 46 U.S.C. §§ 30501, et seq. , asserting that the Aris T was not at fault for the accident and alleging that the post-accident value of the vessel and its pending freight was $8,722,400 (C/A No. 16-1134).2 On February 26, 2016, Cenac Marine Services, LLC ("Cenac") filed a complaint in limitation contending that its vessel, the Loretta G. Cenac , was not at fault for the accident and that the vessel's post-accident value, along with its pending freight, was $14,602,365 (C/A No. 16-1614). The cases were all consolidated under the lead case, C/A No. 16-902.3 Thereafter, Cenac and the Aris T interests filed third-party complaints against Genesis Marine of Delaware, LLC and Genesis Marine, LLC (collectively, "Genesis") as the owners of the Elizabeth M. Robinson.4 Genesis answered and asserted exoneration from, or limitation of, liability as a defense.5 A Shell/Motiva employee, Antoine Morris, asserted claims in the limitation proceedings, seeking damages for personal injuries he allegedly sustained as a result of the accident.6 Further, on January 24, 2017, VRNO and Shell/Motiva filed third-party complaints against Cenac's primary and excess insurers under Louisiana's direct-action statute, La. R.S. 22:1269, which allows injured persons to sue the insurers of a person alleged to have caused an accident.7
The limitation-of-liability and negligence phase of the case was tried before the Court, sitting without a jury, over ten days; and Morris's personal injury case was tried separately before the Court, sitting without a jury, over three days. Having considered the evidence admitted at trial, the arguments of counsel, the record, and the applicable law, the Court issues its findings of fact and conclusions of law pursuant to Rule 52 of the Federal Rules of Civil Procedure. To the extent a finding of fact constitutes a conclusion of law, the Court adopts it as such, and to the extent a conclusion of law constitutes a finding of fact, the Court likewise adopts it as such.
1. VRNO is a limited liability company, and at all relevant times owned and operated a refinery in St. Charles Parish, Louisiana, with supporting facilities, including the docks and mooring structures on the east bank of the Mississippi River at approximately mile marker 125 above the head of the passes ("AHP") (the "VRNO Facility").9
2. Motiva is a limited liability company, and at all relevant times owned multiple berths and related facilities located in St. Charles Parish, Louisiana, on the east bank of the Mississippi River near mile markers 125 and 126 AHP (the "Shell/Motiva Facility").10
3. Shell is a limited partnership, and at all relevant times was the co-owner of the Shell/Motiva Facility.11
4. The Shell/Motiva Facility produces refined petroleum products and chemicals. It includes two marine docks, referred to as "Berth 2" and "Berth 4," that are used to transfer products between the refinery and marine vessels. At all pertinent times, Berth 2 and Berth 4 were jointly owned by Motiva and Shell.12
5. Marmaras is a foreign company, and at all relevant times was the manager and operator of the Aris T.13
6. ARIS T ENE is a foreign company, and at all relevant times was the owner of a single asset, the Aris T.14
7. The Aris T is a 753-foot bulk freighter built in 2007 and bearing IMO Number 9343895 ( ). It has a single screw and is driven by a diesel engine. It flies the Greek flag and its port of registry is Piraeus, Greece. At all pertinent times, the Aris T 's classification society was Lloyd's Register.15
8. The Genesis entities are limited liability companies, and at all relevant times owned and operated the Elizabeth M. Robinson and its attached red-flagged tank barges – GM 1008, GM 1011, and GM 3013 (collectively, the "Elizabeth ").16
9. The Elizabeth M. Robinson is a 110-foot inland towboat that was placed into service in 2015. It is a twin screw 3,150 horsepower towboat equipped with conventional rudders. The Elizabeth was configured in a string of three barges forward of the tug. The overall flotilla measured approximately 1,010 feet. The undisputed post-casualty value of the Elizabeth and its tow, together with pending freight, was $16,454,744.17
10. Cenac is a limited liability company, and at all relevant times owned and operated the Loretta G. Cenac and its attached red-flagged tank barges – CTCO 338, CTCO 339, and CTCO 357B (collectively, the "Loretta ").18
11. The Loretta G. Cenac is a 99-foot inland towboat that was placed into service in 2015. It is equipped with three Z-drives (azimuth thrusters) mounted in three propulsion units below the hull and capable of rotating 360 degrees. As a result, the Loretta was more maneuverable and easier to control than a conventional boat. The Loretta was configured in a two-by-one arrangement at the time of the casualty, with two barges attached to the tug side by side, and one barge forward of the barge on the tug's starboard side. Each of the barges measured 300 feet by 54 feet. The undisputed post-casualty value of the Loretta and its tow, together with pending freight, was $14,602,365.19
12. On January 31, 2016, Continental Insurance Company and AGCS Marine Insurance Company subscribed to Cenac's primary protection and indemnity insurance with combined single limits of $1,000,000.20
13. At the time of the incident, Cenac had excess insurance underwritten by New York Marine and General Insurance Company, Stonington Insurance Company, and National Specialty Insurance Company (collectively "Cenac's First Excess Insurers") in the amount of $29,000,000 of insurance coverage excess of the $1,000,000 primary coverage.21
14. At the time of the incident, Cenac had a second layer of excess insurance coverage severally subscribed to by Certain Underwriters at Lloyd's of London ("Cenac's Second Excess Insurer," and collectively with Cenac's First Excess Insurers, "Cenac's Excess Insurers"), which provides $70,000,000 in insurance coverage excess of the $30,000,000 primary and first excess coverage.22
15. SCF Waxler is a limited liability company, and at all relevant times, SCF Waxler owned and/or operated and was the owner pro hac vice of the SCF Vision , an inland river towboat, and the tank barges SCF 1201 and WTC 3019 (collectively "SCF Waxler vessels"), which were moored at the VRNO facility on the east bank of the Mississippi River at mile marker 125. The parties stipulate that SCF Waxler's damages inclusive of prejudgment interest and costs, arising from the January 31, 2016 incident total $260,000.23
16. Kirby is a limited partnership, and at all relevant times, owned and operated the M/V Pedernales , a vessel that was underway and adjacent to the tank barge Kirby 28080 , which was moored at Berth 2 of the Shell/Motiva Facility (collectively, the "Kirby vessels"). The parties stipulate that Kirby's damages, inclusive of prejudgment interest and costs, arising from the January 31, 2016 incident total $33,500.24
17. On the evening of January 31, 2016, the Mississippi River was running high, with the Carrollton Gauge reading 15.03 feet. At the relevant time, from 7:30 p.m. to 8:00 p.m., the weather was fair with a southerly wind and some light surface fog developing.25
18. The Mississippi River's current was flowing at approximately 4.5 knots.26
19. The Aris T was upbound in the Mississippi River in route to the ADM (Archer Daniels Midland) Terminal in Reserve, Louisiana, to load a cargo of soy beans.27
20. The Aris T was under the command of Captain Kimon Baltas, who was employed by ARIS T ENE.28
21. On January 31, 2016, Marmaras held a Document of Compliance and a Safety Management Certificate for its Safety Manual System ("SMS"), certifying that Marmaras was fully compliant with the requirements of the International Safety Management ("ISM") Code.29
22. At all relevant times, the Aris T 's second officer, Dimitrios Bardouniotis, and its helmsman, Nilo Sevilleno, were also on the vessel's...
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