Trinidad Corp. v. S.S. KEIYOH MARU

• Decision Date: 25 April 1988
• Docket Number: No. 86-5612,86-5612
• Citation: 845 F.2d 818
• Parties: TRINIDAD CORPORATION, Plaintiff-Counterclaim defendant-Appellee, v. S.S. KEIYOH MARU, in rem, Defendant-Appellant, SOL GLORIOSA MARITIMA, S.A., a corporation, Defendant-Counterclaimant- Appellant, v. S.S. FORT WORTH, in rem, her engines, tackle, appurtenances, apparel, furnishings and equipment, Defendant-Third-party-plaintiff-Appellee.
• Court: U.S. Court of Appeals — Ninth Circuit

Page 818

845 F.2d 818

1989 A.M.C. 627

TRINIDAD CORPORATION, Plaintiff-Counterclaim defendant-Appellee, v. S.S. KEIYOH MARU, in rem, Defendant-Appellant, SOL GLORIOSA MARITIMA, S.A., a corporation, Defendant-Counterclaimant- Appellant, v. S.S. FORT WORTH, in rem, her engines, tackle, appurtenances,

apparel, furnishings and equipment,

Defendant-Third-party-plaintiff-Appellee.

No. 86-5612.

United States Court of Appeals Ninth Circuit.

Argued and Submitted March 7, 1988.

Decided April 25, 1988.

Bill E. Schroeder, McCutchen, Black, Verleger & Shea, Los Angeles, Cal., for defendants-appellants.

Sidney K. Kanazawa, Don L. Marshall, Bradley M. Rose, Lillick, McHose &amp Charles, Los Angeles, Cal., for plaintiff-counterclaim defendant-appellee and for defendant-third-party-plaintiff-appellee.

Appeal from the United States District Court for the Central District of California.

Before PREGERSON, WIGGINS and BRUNETTI, Circuit Judges.

WIGGINS, Circuit Judge:

Sol Gloriosa Maritima, S.A. ("Gloriosa") and the M.T. KEIYOH MARU ("KEIYOH MARU") appeal a judgment for Trinidad Corporation ("Trinidad") and the S.S. FORT WORTH in this maritime collision case. The district court found the KEIYOH MARU entirely at fault for the accident. Appellants claim that the district court's ruling was unsupported by substantial evidence, incorrectly determined the applicable rules of navigation governing the maneuvers of the KEIYOH MARU, incorrectly applied the rule of The Pennsylvania, 86 U.S. (19 Wall.) 125, 22 L.Ed. 148 (1873), concerning the burden of proof in collision cases, and abused its discretion in selecting a formula for prejudgment interest. We affirm.

BACKGROUND

A. The Scene

The KEIYOH MARU is a Panamanian registered ocean-going oil tanker, under bareboat charter by Gloriosa. The FORT WORTH is a United States registered ocean-going oil tanker, owned and operated by Trinidad. These two ships collided on February 1, 1981, just outside the Port of Los Angeles.

The Port of Los Angeles/Long Beach has a breakwater separating the harbor from the open sea. There are two gaps in the breakwater. The entrance to the Port of Long Beach is east of the entrance to the Port of Los Angeles. At each breakwater entrance sea buoys and charts indicate trapezoidal pilot boarding areas. By the published orders of the United States Coast Guard Captain of the Port, Order 1-78, 45 Fed.Reg. 30,431 (1980), these pilot boarding areas were restricted to only those vessels entering or exiting each port. The collision between the KEIYOH MARU and the FORT WORTH occurred in the pilot boarding area for the Port of Los Angeles.

Between the trapezoidal boarding areas is a restricted area designated Anchorage "G". By published Coast Guard regulations, 33 C.F.R. Sec. 110.214(a)(7) (1987), this area was restricted to only those vessels intending to anchor or depart from anchorage in the area. The restrictions with respect to the pilot boarding areas and Anchorage "G" prohibited a vessel outbound from the Port of Long Beach to cut across either area en route to the northbound shipping lanes. The pilot boarding area restrictions and the restrictions with respect to entering Anchorage "G" were clearly noted on charts in use aboard the FORT WORTH and KEIYOH MARU. These restrictions were also in government publications of which both vessels were required to be aware. 33 C.F.R. Sec. 164.33 (1987). No evidence was introduced that either vessel had reason to be unaware of these restrictions.

B. The Accident

All material events leading to the collision occurred between 0125 hours and 0150 hours on February 1, 1981. Night visibility was described as extremely clear, although the officers of the FORT WORTH indicated that the background lights from the harbor area restricted visibility in that direction. Weather conditions otherwise were unremarkable. There was little or no wind. The sea was calm.

At 0125 hours, the FORT WORTH was in the southbound coastal shipping lane heading into the Port of Los Angeles. She intended to enter the restricted pilotage area for the Port of Los Angeles, take on board a pilot there, and proceed into port. The FORT WORTH's course was confirmed by a reconstruction offered by an expert witness, and was found by the district court to conform with the relevant navigational requirements for entry into the Port of Los Angeles.

The appellants claim that the FORT WORTH failed to effectively use radar and post a lookout. They also suggest that the speed of the FORT WORTH was excessive. Moreover, they argue that the FORT WORTH failed to make radio communications, signal when collision was unavoidable, and display special lights. Finally, they claim the FORT WORTH made no attempt to ascertain the presence of the KEIYOH MARU until the collision was unavoidable. The district court found that the FORT WORTH had not used radar or a lookout to track the movements of other vessels in the area. The district court made no findings concerning the other claimed defects in the FORT WORTH's navigation.

As the FORT WORTH was maneuvering towards the Los Angeles pilotage area, the KEIYOH MARU was departing from the Port of Long Beach. At about 0125 the KEIYOH MARU passed through the Long Beach breakwater entrance. At this point, the KEIYOH MARU was under the command of a harbor pilot, Captain Trottier. Once the KEIYOH MARU was safely through the breakwater, Trottier radioed the pilot boat to come alongside to pick him up. The precise location where the KEIYOH MARU boarded Capt. Trottier onto the pilot boat was subject to dispute. Nevertheless, the district court found that the point where the KEIYOH MARU left off its pilot was no more than a thousand yards from the breakwater entrance. This finding was important since it credited the testimony of another pilot, Capt. Franklin, on board the pilot boat leaving the KEIYOH MARU and heading towards the FORT WORTH, that the KEIYOH MARU later navigated through the restricted Anchorage "G". The Coast Guard investigation after the collision also found that the KEIYOH MARU traversed the restricted Anchorage "G". A reconstruction of the KEIYOH MARU's course also confirmed that it sailed through Anchorage "G".

Apparently, Capt. Franklin on board the pilot boat was the first to realize that the KEIYOH MARU was attempting to cut across the bow of the FORT WORTH. Franklin reached the wheelhouse of the FORT WORTH just as the captain of the FORT WORTH gave orders for full astern and gave a five-blast emergency signal. These were the only evasive maneuvers taken by either vessel just before the collision. The vessels collided inside the restricted Los Angeles pilot boarding area with the KEIYOH MARU's port bow tearing into and destroying the entire bow of the FORT WORTH. By published U.S. Coast Guard rules, the KEIYOH MARU was restricted from entering this area since she was neither entering nor exiting the Port of Los Angeles. The FORT WORTH was entitled to be in this area since she was intending to enter the Port of Los Angeles.

Immediately after the collision, Pilot Capt. Trottier made observations of the screwwash of both vessels. The screwwash is the water turbulence generated by the propellers of each vessel. Captain Trottier noted that the FORT WORTH's screwwash was going astern. By contrast, the KEIYOH MARU's screwwash was going forward. The district court consequently found that the KEIYOH MARU was powering through the collision. The appellants vigorously dispute this finding. Counsel for the KEIYOH MARU do not, however, question the district court's finding that it traversed the restricted anchorage and pilotage areas.

C. Prior Proceedings

The district court found the KEIYOH MARU entirely at fault for the collision. The court also found that the FORT WORTH's failure to track the movements of the KEIYOH MARU by radar and lookout did not contribute to the accident.

The parties stipulated to the damages incurred by their respective vessels. They agreed that the FORT WORTH was entitled to recover at least $1,559,569.85 as a result of the subject collision due to liability on the part of defendants. Other consequential damages were awarded to the FORT WORTH and so the total damages amounted to $1,857,825.31. The district court also awarded prejudgment interest at a rate of 13.735% compounded annually, commencing July 1, 1981, to the date of entry of judgment. This rate was based on the 52 week United States Treasury Bill rate. Post-judgment interest was also awarded.

The district court had jurisdiction over this controversy based upon 28 U.S.C. Sec. 1333 (1982). Appellants filed a notice of appeal and an amended notice of appeal, both timely. This court ordered that the second notice of appeal be entertained. Trinidad Corp. v. M.T. KEIYOH MARU, 781 F.2d 1360, 1362 (9th Cir.1986). We have jurisdiction over this appeal pursuant to 28 U.S.C. Sec. 1291 (1982).

ANALYSIS

A. Standard of Review

Findings of fact made by admiralty trial courts are subject to the clearly erroneous standard of review. In re White Cloud Charter Boat Co., Inc., 813 F.2d 1513, 1517 (9th Cir.1987); Seattle-First Nat'l Bank v. Bluewater Partnership, 772 F.2d 565, 568 (9th Cir.1985). This standard also extends, under comparative negligence principles, to an admiralty court's apportionment of fault. In re White Cloud, 813 F.2d at 1517; Alkmeon Naviera, S.A. v. M/V Marina L, 633 F.2d 789, 796 (9th Cir.1980). Under a clearly erroneous standard, we must affirm an apportionment of liability unless, after review of all the evidence, we are left with a "definite and firm conviction that a mistake has been committed." In re White Cloud, 813 F.2d at 1517. The district court's conclusions of law are, of course, reviewed de novo.

In maritime collision cases fault is now judged under a comparative negligence standard. United States v. Reliable Transfer Co., Inc., 421 U.S. 397, 411, 95 S.Ct. 1708, 1715-16, 44 L.Ed.2d 251 (1975). ¹ Counsel for the KEIYOH MARU...