Owner Of A Salvor Vessel Which Was Not Put At Risk During A Salvage Operation Is Not Entitled To Part Of The Apportionment Of Salvage Award
LUTHER BARTHOLOMEW; ZELJKO BRCIC; JIMMIE HAITHCOCK; JAMESKRISTOVICH, Plaintiffs-Appellees, v. CROWLEY MARINE SERVICES INC., a Delawarecorporation; UNION OIL COMPANY OF CALIFORNIA, Defendants-Appellants.
No. 02-35364
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
337 F.3d 1083; 2003 U.S. App. LEXIS 15062
PRIOR HISTORY: Appeal from the United States District Court for the Western District of Washington. D.C. No. CV-00-01670-WTM. Walter T. McGovern, Senior Judge, Presiding. Bartholomew v. Crowley Marine Servs., Inc., 2002 U.S. Dist. LEXIS 20480 (W.D. Wash., 2002).
DISPOSITION: AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
PROCEDURAL POSTURE: Plaintiffs, who were employed by defendant vessel owner, assisted in the salvage of one of the vessel owner's tugs. Plaintiffs sued the vessel owner for salvage. The United States District Court for the Western District of Washington found that plaintiffs were entitled to an award. The district court's award allowed no compensation to the vessel owner as owner of the salving vessel. The vessel owner appealed.
OVERVIEW: Plaintiffs' job descriptions made no reference to salvage work, and plaintiffs were not trained to perform such work. Their services were voluntary and they placed themselves at a risk not required by their contract. That the collective bargaining agreement mentioned the vessel owner's willingness to perform "salvage work" did nothing to prevent the crew member salvors from receiving an award. Also, the vessel owner's failure to bill for the salvage was not a waiver of a salvage claim. The district court's conclusion that plaintiffs were due a salvage award, and that the vessel owner did not waive the award, was not in error. However, in apportioning the salvage award, the district court should have considered whether the vessel owner, as the owner of the salving vessel, was entitled to part of the award that was set as reasonable salvage by the district court; if the salving vessel was put at risk in any way, then its owner was due some share of the award. The mere fact that the owner had an interest in the ship in distress could not be a basis for denying the owner a share in the award.
OUTCOME: The court affirmed in part the entitlement of the crew members to salvage, but because the vessel owner, in its capacity as salving vessel owner, was allotted no share of the salvage award, the court vacated the district court's judgment on the award and remanded with instructions to determine what portion of the award, if any, the vessel owner should receive.
