Williamson Leasing v. American Commercial Lines

• Decision Date: 26 August 1985
• Docket Number: Civ. A. No. 83-678 "I" (2).
• Citation: 616 F. Supp. 1330
• Parties: WILLIAMSON LEASING COMPANY, INC., et al., v. AMERICAN COMMERCIAL LINES, INC., et al.,
• Court: U.S. District Court — Eastern District of Louisiana

616 F. Supp. 1330

WILLIAMSON LEASING COMPANY, INC., et al., v. AMERICAN COMMERCIAL LINES, INC., et al.,

Civ. A. No. 83-678 "I" (2).

United States District Court, E.D. Louisiana.

August 26, 1985.

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I. Matthew Williamson, O'Neil, Eichin & Miller, New Orleans, La., for plaintiffs.

Fred E. Salley, New Orleans, La., for defendants.

OPINION

MENTZ, District Judge.

I. JURISDICTION

A bench trial of this matter was conducted by the Court on March 7-8, 1985. Jurisdiction was based on 28 U.S.C. § 1333 and Rule 9(h) of the Federal Rules of Civil Procedure and was uncontested.

II. BACKGROUND

The following uncontested facts serve as a description of the parties and vessels: On February 16, 1982 the M/V JACK D. WOFFORD and tow collided with the stern of the M/V SHELLY MOTT (presently the M/V SNOW SHEEN), a vessel moored at Mile 55 of the Illinois River. At that time, plaintiff, Williamson Leasing Company, Inc. was the owner of the M/V SHELLY MOTT and plaintiff, American Barge Company, Inc., was the bareboat charterer of that vessel. Williamson Leasing Company, Inc. and American Barge Company, Inc. were subsidiaries of plaintiff TPC Transportation Company, Inc. On January 31, 1983, Williamson Leasing Company, Inc. and American Barge Company, Inc. were merged into TPC Transportation Company, Inc., at which time Williamson Leasing Company, Inc. and American Barge Company, Inc. ceased to exist as distinct and separate entities. Also at that time, TPC Transportation Company, Inc. assumed all the liabilities and acquired all of the assets of the dissolved companies. Accordingly TPC Transportation Company, Inc. is the proper party to assert this action for damages to the M/V SHELLY MOTT.

At all material times, defendants American Commercial Lines, Inc., American Commercial Barge Line Company, and Inland Tugs Co. were, and still are, corporations duly organized and existing under laws of states other than Louisiana. The M/V JACK D. WOFFORD and Barge ACBL-2934 were owned by American Commercial Lines, Inc. On February 16, 1982, the M/V JACK D. WOFFORD was chartered to and operated by Inland Tugs Co., and the Barge ACBL-2934 was bareboat chartered to American Commercial Barge Line Company.

The M/V SHELLY MOTT is a river towboat built in 1974 by Mainstream Shipyards of Greenville, Mississippi, measuring 140 feet long and 35 feet wide, and powered by two diesel engines generating approximately 3,800 horse power. The M/V JACK D. WOFFORD is a river towboat built in 1976 by Jeffboat of Jeffersonville, Indiana, measuring 170 feet by 40 feet and equipped with two diesel engines generating approximately 5,000 horsepower.

III. FINDINGS OF FACT

(1)

On February 15, 1982, the M/V SHELLY MOTT picked up eight empty barges at Mile 34 on the Illinois River at approximately 1500 hours and proceeded northbound. The vessel and tow arrived at Florence Fleet at Mile 55 on the Illinois River at 2320 hours (11:20 P.M.) on February 15, 1982. The M/V SHELLY MOTT's eight barge tow was arranged two wide and four long, making the flotilla approximately 940 to 950 feet long.

(2)

In the area of Mile 55 the Illinois river is between 800 and 900 feet wide. Its navigable channel, located approximately mid-river, is normally about 300 to 400 feet wide during warm weather. However, the cold weather conditions existant on February 15, 1982 resulted in an "ice channel" near the center of the river. This condition is caused when relatively hard, packed ice forms near the banks of the river and extends toward midstream. An ice channel then forms in the center of the river as a result of the effect of tows travelling in midstream and breaking up the ice. In accordance with bipartisan testimony, the Court finds that an ice channel condition existed on February 15-16, 1982.

(3)

Plaintiff's witness Capt. John Griffith, a river boat pilot¹ who holds a first class license and has passed Mile 55 many times in winter, testified that the ice channel is normally 70 — 80 feet wide and restricts tows' width to a maximum of two barges wide. "Cube ice" drifts in this channel as a result of the passage of other vessels. These conditions prevailed at the time of the collision.

(4)

At the time the M/V SHELLY MOTT arrived at Florence Fleet, Captain John Griffith was at the wheel. Captain Griffith moored the vessel and her tow in the fleet by securing the starboard bow corner of the M/V SHELLY MOTT's tow to a group of barges moored to the left ascending bank. The vessel was moored so that the head of its tow was against the left ascending bank facing upstream and the stern of the M/V SHELLY MOTT was angled into the river. At this time the vessel was in excellent condition and Griffith experienced no problems with her.

(5)

Based on testimony, the Court finds that the left ascending edge of the ice channel was about 350 to 400 feet from the left ascending bank.² The vessel and her tow were moored at an angle of 30-35° from the left ascending bank. This resulted in the stern of the vessel being about 460 feet from the left ascending bank.³ The M/V SHELLY MOTT, its stern protruding into the ice channel, impaired the safe navigation of vessels traversing this area of the river.

(6)

On February 16, 1982, Captain Griffith came on watch at approximately 0600 hours, and observed that the M/V SHELLY MOTT was moored in exactly the same position as when he went off watch at 2400 hours on the 15th. The ice conditions which existed on the river at the time prevented any significant movement of the vessel, its tow or the surrounding barges in the fleet. Just prior to this time, at approximately 0530, this witness saw a tow pass the position of the M/V SHELLY MOTT. This vessel was identified as the M/V BECKFJORD, an Ohio Barge Line vessel with an eight barge tow. This vessel passed within 40 to 50 feet of the MOTT's starboard stern.⁴

(7)

When Captain Griffith, went off watch around 11:30 A.M., heavy fog had reduced visibility to about 400 feet and the head of the MOTT's tow was not visible from the wheelhouse. At that time, Pilot Charles Baughman came on watch in the wheelhouse of the M/V SHELLY MOTT and remained there until the time of the collision at approximately 1217 hours.

(8)

On February 16, 1982 the M/V JACK D. WOFFORD was northbound on the Illinois River, pushing a tow of eight empty barges and two loaded barges,⁵ including the Barge ACBL-2934 at the port lead. The weather was cold, the river was iced, and the M/V JACK D. WOFFORD was required to push ahead through the ice channel at approximately one to one and one-half miles per hour.

(9)

Captain Howard Evans of the M/V JACK D. WOFFORD worked the forward watch from 0600 hours to 1200 hours. As the deck log of the M/V JACK D. WOFFORD reflects, at 11:15 a.m. Captain Evans stopped the vessel at Mile 50 due to heavy fog.

(10)

At approximately 1200 hours on February 16, 1982, Pilot Paul Van Meter came on watch in the wheel house of the M/V JACK D. WOFFORD, and, despite the fact that restricted visibility and hazardous conditions⁶ continued to prevail, resumed navigating the vessel and her tow in a northbound direction toward Mile 55.

(11)

As the M/V JACK D. WOFFORD approached Mile 55, she suddenly encountered the stern of M/V SHELLY MOTT which was protruding into the narrow ice channel and, was therefore, in the navigable right of way. The Barge ACBL-2934 which was the port lead barge in the tow of the M/V JACK D. WOFFORD, then rammed and rode up onto the stern and rudder house of the M/V SHELLY MOTT, causing the damage which forms the basis of this lawsuit.

(12)

At no time before the collision did Pilot Van Meter visually sight the M/V SHELLY MOTT, although just prior to the collision he observed an "elongated blip" on his radar which appeared to be dead ahead of the northbound M/V JACK D. WOFFORD. Despite the presence of this radar target, Pilot Van Meter made no effort to ascertain the nature of the blip and incautiously continued on his way, thereafter colliding with the stationary M/V SHELLY MOTT. This imprudence on Van Meter's part was a factor causing the collision.

(13)

The Court finds that the protrusion of the M/V SHELLY MOTT into the ice channel was a contributing cause of the collision.⁷ While the M/V SHELLY MOTT did not completely block the ice channel, as evidenced by the passage of the M/V BECKFJORD at 0530 on February 16, 1985, this obstruction constituted a hazard which partly caused the collision. The failure of the WOFFORD to cease navigation in the dense fog created an additional hazard and was also a contributing cause of the collision.

(14)

The Court attributes 33 1/3 % of the fault to the stationary M/V SHELLY MOTT for reason of its improper mooring and 66 2/3 % of the fault to the M/V JACK D. WOFFORD, the moving vessel. 33 1/3 % of the fault is attributable to the WOFFORD because it should have remained stopped and waited for the fog to lift. An additional 33 1/3 % of the fault is also attributable to the WOFFORD because she was being navigated in a negligent fashion when the collision occurred.

(15)

After the collision, Mr. John Stickling, then employed by Marine Loss Control, Inc., was retained by TPC to conduct a preliminary damage survey of the M/V SHELLY MOTT.⁸ He attended the vessel on the evening of February 16, 1982, while the vessel was still at Florence, Illinois. At that time, Mr. Stickling observed areas of damage, such as marks left by the lower bow towknees of the M/V JACK D. WOFFORD's lead barge, which were recent in nature and consistent with the collision. He found impact damage to the stern rudder house and metal fractures of the starboard bow tow knee. Mr. Stickling also observed other minor damage to the vessel but concluded that such damage did not result from the casualty because its age was not recent. The Court finds his testimony convincing and adopts his determinations as to the readily apparent, "topside...