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April 30, 2007

Cruise SOS - Dangers at Sea

When you are at sea you are at the mercy of the Shipping Company without any access to independent information. Cruise ship passengers are no longer under many of the laws and protections of the United States. You are in a foreign county such as Liberia or Panama or whatever foreign flag the vessel is flying.

The Cruise S.O.S. Card contains emergency instructions as well as vital emergency contact information that every cruise passenger should have. With cruise ship crime increasing at an alarming pace you have to protect yourself. Download the free Cruise S.O.S. Card now so you and your family have the information you need to protect yourself in the event you are a victim of cruise ship crime.

April 29, 2007

Temecula couple doesn't let ship sinking deter them from vacation, cruises

TEMECULA -- Cruises are usually memorable experiences in themselves, but when the ship sinks the cruise tends to leave a more lasting impression.

Bob and Diane Munday of Temecula were ready to take in the sights of Greece earlier this month aboard the Sea Diamond cruise ship, which sailed through the Aegean Sea. But the last full day of the four-day cruise was interrupted when the boat hit submerged rocks just off Santorini Island on April 4, causing the ship to take on water and eventually sink.

"You could feel when the boat struck the rocks," said Bob Munday, 79. "I thought for a minute that it was the anchor being dropped, but the boat stopped rather quickly, and we were so close to the rock. And then the ship began to tilt."

Six crew members of the Greek-flagged ship, including the captain and the chief mate, have since been charged with negligence. The captain has told investigators he was caught in a sea current that swept his vessel onto the well-marked and charted rocks just minutes before it was due to dock. Two French tourists are believed to have drowned, though their bodies have yet to be recovered.

The Mundays said one of the most difficult parts of getting off the ship was traversing the stairwells in darkness to get to a deck where rescue boats could reach the passengers.

Diane Munday was separated from her husband for about half an hour as the evacuation call for "women and children first" was given.

"It was like 'Titanic,'" she said. "But we were all pretty cool, though my heart got pounding a bit."

None of the passengers were allowed back to their cabins once the evacuation began, so as the boat sank so did all the passengers' luggage and belongings. But the passports were saved, as each passenger had previously given them to the boat's stewards and were guarded carefully.

The ship had 1,156 passengers and 391 crew members. Only Frenchman Jean-Christophe Allain, 45, and his 16-year-old daughter Maud were unaccounted for. It is thought by investigators the two were trapped in their flooded cabin.

Bob Munday said the passengers were given 200 lira -- roughly $280 -- by cruise officials to purchase clothing and toiletries. But since the accident occurred on the eve of Easter weekend, the stranded tourists found that stores weren't open.

"We went for more than three days without toothpaste and brushes," Bob Munday said. "Once I was able to purchase new slacks, I think the jeans I had been wearing for days were still able to stand on their own."

The passengers formed a camaraderie and locals began to refer to them as the "survivors" and almost always offered them shots of ouzo, a classic Greek spirit.

While some might have viewed the end of the cruise as a signal to end their trip, the Temecula couple who have been married for 54 years traveled on with the remainder of their two-week vacation. They didn't return to California until April 21, when they discovered a new obstacle -- their car keys had sunk with the boat and were now 230 feet beneath the surface of the sea.

Now at home, the pair have had time to reflect on the trip. Bob Munday said the cruise company has offered to compensate him with approximately $1,900 -- and a free cruise on one of the company's other ships.

"I've always wanted to go to Italy, and they have a cruise there," he said. "We'd be willing to go."

"But maybe we'll wait until next year before we travel again," Diane interjected.

While the experience was unexpected, the couple said it was one of the most memorable trips they've ever taken.

"It was really something," Bob Munday said.

-- Staff writer Nicole Sack
-- The Associated Press

If you were aboard the Sea Diamond when it sank, contact our maritime lawyers for a free consultation.

April 24, 2007

Sea Diamond captain testifies

While the captain of the sunken Sea Diamond cruise ship testified before a senior Port Authority official yesterday, authorities and locals on Santorini complained about an alleged lack of planning for the environmental cleanup off the island’s coast, where the vessel foundered earlier this month.

The Sea Diamond’s captain, Yiannis Marinos, testified for over 10 hours about his actions prior to the sinking of the vessel off Santorini on April 5.

Sources told Kathimerini that Marinos responded to dozens of technical questions regarding the course of the vessel, the actions taken by crew members and the condition of the ship. Marinos’s responses to the questions were not made public. More crew members are to testify in due course.

In a related development, the Panhellenic Union of Navigating Officers yesterday sent a memorandum to Merchant Marine Minister Manolis Kefaloyiannis, claiming that the Sea Diamond would not have sunk if there had been a navigating officer aboard.

Meanwhile on Santorini, local authorities and residents complained that no plan had been drafted for removing hundreds of tons of fuel from the sunken ship. Oia’s community president, Giorgos Halaris, told Kathimerini that he had been promised a plan by the ministry but had allegedly received nothing. A group of Oia residents are preparing a petition to demand the immediate siphoning of the vessel’s fuel tanks. Experts yesterday told Kathimerini that fuel was leaking out of the sunken cruise ship slowly but steadily.

April 23, 2007

Lessons from a sinking ship

"I don't want you to worry, but our cruise ship is filling with water and we're sinking," my father said in a voice that could not mask his concern. Scrawling furiously in hasty print, I took down the information they dictated: "Cruise ship" as in the Sea Diamond, Louis Cruises, in Greece at Santorini, an [cruise ship] accident a half hour ago, the ship tilting at 30 degrees - sinking. "Contact the State Department, the U.S. Embassy," my father instructed. "Tell them the ship is sinking. There are U.S. citizens aboard. This is not a drill."

"James, I love you very much," my mother said, taking the cell phone with audible tears. "I want you to know if I don't make it that you need to take care of your brothers." As my mother finished, from the background noise of terror and confusion, it seemed as if evil itself was emerging. It had come to consume my parents. Then came the most haunting sound of all: silence.

Staring at the disconnected call on my phone monitor, I was captured by a singular concentration and visceral need to do everything I could to save my parents. I must contact the State Department. I cannot take "no" for an answer. I have to talk to a supervisor. I have to find the number to the U.S. Embassy in Greece. I have to talk to the diplomat in charge. I need them to get out there. I need them to do something.

When I had done all that I could do, I was left with the terrifying realization that the conversation I had with my parents could be our last. My parents' words seemed wholly reminiscent of the fleeting cell phone goodbyes on Sept. 11. Their emotion seemed to emulate the last notes of severed love discovered over the broken bodies of airplane crash victims. With the terrible combination of imagination and fear taking hold, I saw my parents as a trite punchline to a tragic news segment ready to be aired. It felt so frightening. It felt so wrong. It felt so unfair.

They say you find religion in moments of great difficulty. In truth, you don't just find religion, you find God. You want to believe. All doubt is washed away by the gripping need for a savior. You fall to your knees and beg him in every prayer you can recite. Beg him to use his almighty power. Beg him to save. Beg him to make things right again.

My prayers were answered. My father was able to find a child-sized life jacket for my mother and to fight off a grown man from stealing it. My parents were able to stay aboard the tilting ship. They were to able to brave the darkened corridors of the lower deck, blindly holding the collars of those in front of them. They were able to make it down a rope ladder, onto a boat, and to safety.

My parents are home now, alive and ironically worried that their jetlagged biological clocks will deprive them of their weekly dose of 24. They count themselves among the fortunate. Cherishing their survival, they resolve to say everything they always meant but never had a complete opportunity to express: how much they loved their sons.

The lesson I have taken is not to avoid cruise ships, but remember that we are all mortal. Each of us will all be helpless to escape the shadow of death when our time has come. Out of our vulnerability, we must not stand paralyzed, afraid to experience the world. Instead, we should remember to live in the happiness of the present.

The miracle of life has so much to offer: the wave of a friend, the embrace of a family member, the kiss of a loved one, the joy of dreams achieved.

Ultimately, we must live with the realization that each day is a gift, the understanding of what is genuinely important, and, above all, the intention to ensure that those we love know that they are loved. This is how we experience life. This is how we find happiness.

By: James Ng
The Heights

April 20, 2007

Cruise ship fire report released

BBC News

Poor fire training and a failure to carry out engine modifications have been highlighted in an accident report into a blaze on a cruise ship (cruise ship accident).

The Calypso was off the coast of Beachy Head, East Sussex, with 708 passengers and staff on board when the fire broke out on 6 May last year.

A failed low pressure fuel pipe flange on a starboard engine was the cause. It had not had "necessary modifications".

The ship had to be towed to Southampton but no-one was injured in the incident.

The Cypriot-registered Calypso, carrying mainly Dutch passengers, was en-route from Tilbury, Essex, to St Peter Port, in Guernsey, when the engine fire was reported just after 0330 BST.

Coastguard helicopters flew firefighters and ambulance paramedics to the vessel, which was about 20 miles south-west of Beachy Head, while lifeboats and merchant ships also went to its aid.

A Marine Accident Investigation Branch (MAIB) report said there had been similar incidents of flange bolt failure "in the past and over 10 years previously".

It said frequent changes in the vessel's ownership could have been a reason why technical bulletins from the engine makers in 1995 and 1999 "were not effective in ensuring that the necessary modifications were carried out on The Calypso".

The response to the fire from those in charge of the ship was also highlighted in the MAIB report.

It said there were "flaws in the knowledge, experience and training of some of the senior officers", while their actions "did not appear to follow recognised good practice".

The fire only died down, mainly as a result of fuel starvation, due to the swift response of the watchkeeping engineer officer, the report concluded.

But it added that it was "to the credit of the master and the crew that nobody suffered anything more than discomfort".

The Calypso was operated by Louis Cruise Lines (LCL), whose Sea Diamond vessel sank off the Greek island of Santorini earlier this month. Two French passengers are missing, feared drowned.

A statement from the company said it had taken appropriate action in response to the report, including ensuring all staff within the fleet were well informed of the safety issues that had arisen.

"LCL is pleased to note the action to be taken by engine manufacturers to review its distribution processes to ensure owners and operators receive its technical bulletins," it added.

The company also thanked all the authorities involved in the incident, and praised the "prompt action, professionalism and bravery of the Master, his officers and crew".

April 10, 2007

Cruise Ship Sinking Blamed on Human Error

SANTORINI, Greece - Greece's merchant marine minister said Tuesday that human error contributed to the sinking of a cruise ship off a resort island in the Aegean Sea last week, forcing the evacuation of nearly 1,600 people.

Two French tourists are feared drowned after the Sea Diamond hit submerged rocks just off Santorini island on Thursday, causing the ship to take on water and eventually sink.

Six crew members of the Greek-flagged ship, including the captain and chief mate, have been charged with negligence. The captain has told investigators he was caught unawares by a sea current that swept his vessel onto the well-marked and charted rocks, minutes before it was due to dock.

The Greek crew members have been released from police custody, but are still on Santorini, officials said. If upheld in court, the charges carry a maximum five-year sentence.

On Tuesday, Merchant Marine Minister Manolis Kefaloyiannis said that "most definitely there was human error" involved in the accident, without elaborating.

He also praised the rescue effort, saying it worked "perfectly," despite some passengers complaining of an insufficient supply of life vests, little guidance from crew members and being forced into a steep climb down rope-ladders to safety.

"Our attention is now focused on the question of the environment ... and, of course, to find the missing two," Kefaloyiannis said.

A robot submarine began filming the wreck Tuesday in an attempt to locate the missing tourists and the vessel's data recorder, while workers tried to clean up fuel that seeped into the sea from the ship's tanks.

The submarine was to take footage of the position of the vessel -- which lies an estimated 230-430 feet beneath the surface on a steep incline -- and determine its stability before divers are allowed to enter the wreck.

The missing pair -- Frenchman Jean-Christophe Allain, 45, and his 16-year-old daughter Maud -- are thought to have been trapped in their flooded cabin. Allain's wife narrowly escaped.

More than 50 tons of the ship's fuel leaked after the sinking, some of which has washed ashore.

An estimated 430 tons of oil are still inside the ship, threatening an environmental disaster at the onset of the busy summer season on Santorini _ a volcanic island with spectacular cliffs that is one of Greece's most popular tourist destinations.

Workers collected oil from a pebble beach near the port on Tuesday, while trucks were siphoning oil from the island's harbor. Ships were also facilitating the cleanup, while floating booms were deployed to contain the spillage.

Kefaloyiannis said the oil spill "is under control."

A total of 1,156 passengers and 391 crew were traveling on the four-day Aegean Sea cruise, and included groups from the U.S., Canada, Britain, Spain, France, Australia and the Dominican Republic.

By Thanassis Stavrakis
Associated Press

April 7, 2007

Greek cruise ship's personnel face negligence charges over sinking

ATHENS (AP) — The captain and five officers of a cruise ship that sank off an Aegean Sea island were charged Saturday with negligence, state television reported.
The six officers were charged with causing a shipwreck through negligence, breaching international shipping safety regulations and polluting the environment, state NET said. All were released pending further investigations.

If convicted, the officers face a maximum five-year sentence.

Nearly 1,600 people were retrieved from the sinking ship Thursday in a three-hour rescue operation after the vessel foundered on a volcanic reef, but some passengers complained of an insufficient supply of life vests, little guidance from crewmembers and being forced into a steep climb down rope-ladders to safety.

Divers continued to search for a Frenchman and his daughter who disappeared after their cabin flooded with water when the ship struck rocks.

The 469-foot Sea Diamond struck rocks Thursday in the sea-filled crater formed by a volcano eruption 3,500 years ago off the island of Santorini, sinking about a quarter-mile off the coast, in waters of uneven depth, a few minutes before it was to dock.

The captain, chief mate, second mate, third mate, chief cabin steward, and housekeeper of the Greek-flagged vessel were arrested after the accident, a Merchant Marine Ministry spokeswoman said earlier Saturday.

The ship's operator, Louis Cruise Lines, has insisted the 21-year-old vessel was well maintained.

"The vessel maintained the highest level of safety standards and was equipped with the latest navigation systems," said Giorgos Stathopoulos, spokesman for the operator.

NET earlier reported that investigators believed most of the damage to the ship's hull was done before the captain issued the distress signal, when he was trying to maneuver the ship away from the rocks.

The ministry spokeswoman had said the captain and the five others were appearing before the prosecutor on the nearby island of Naxos.

"The testimony process has started, and the prosecutor is examining all the documents from the initial investigation," she said, speaking on condition of anonymity according to government policy.

Officials were also cleaning up fuel that leaked out of the vessel, which sank 15 hours after foundering.

Thursday's evacuation was the largest Greek rescue operation since the September 2000 Express Samina ferry disaster, which killed 80 people near the holiday island of Paros when it struck rocks in the night and sank.

The country's tourism minister said those responsible for the accident "will be held accountable in the strictest way."

"Greece is a major tourism destination and incidents like this must not be allowed to occur," said Tourism Minister Fanny Palli Petralia said.

Most of the passengers were American, but there also were groups from Canada and Spain.

USA TODAY

April 6, 2007

Miami Students Aboard Greek Cruise Ship That Sank

SANTORINI, Greece -- Students from Palmetto High School in Miami were among the 1,600 passengers aboard a Greek cruise ship that sank on Friday.

Sources told NBC 6 that the students made it off the ship safely.

The ship's final moments above water were caught on tape.

Two French passengers were missing after the Sea Diamond was evacuated, NBC News reported.

The Merchant Marine Ministry said 1,195 passengers -- most of them from North America -- and 391 crew members were on board. About 20 crew members remained on the ship after the three-hour evacuation.

The ship ran aground on Thursday off the Greek island, forcing everyone on board to abandon ship.

Hours later, the ship sank to the bottom of the Aegean Sea.

No one was injured in the evacuation.

The sinking's cause is still under investigation, authorities said.

"We were in our room and we were expecting an alarm if there was a problem," said passenger Katie Sumner. "We heard a big shudder and then the whole boat started to tilt. All of our glasses were sliding everywhere and our warning that the ship was sinking was some of the staff running down the corridor screaming out 'life jackets' and banging on doors."

"I heard a noise, and it was a loud noise, of course," Tom Gatch, a passenger aboard the ship, said. "Then, I stepped out of my cabin and looked and the water was coming down the hallways, and I thought, 'I have to go back inside to get my life jacket ,' but I had to open the door and I didn't have time because now the water was up over my ankles."

Back in South Florida, the Laguerre family prayed that their daughter Arielle was safe. The 11th grader was part of a group from Palmetto Senior High School that was on that cruise.

"I don't know if there are any words at this point to share exactly what we were going through: fear, anxiety," Clifford Laguerre said. "You just want your children to be safe."

Officials said luckily all the passengers are OK and currently back in Athens waiting to fly home.

"Thank God for cell phones," Laguerre said. "It basically was a lifesaver. She was able to text message home and send some information. That relieved our fears."

NBC6.net, South Florida

13-year-old girl hospitalized in Miami after 5-story fall on cruise ship

MIAMI BEACH – A Coast Guard crew evacuated an injured 13-year-old girl from a cruise liner to a Miami hospital after she fell five stories early Friday, a spokesman said.

In an e-mail news release, the Coast Guard said the unidentified girl suffered mild head trauma from the five-deck plunge aboard the 680-foot-long Majesty, which was returning to its home port in Charleston, S.C. The ship is owned by Miami-based Norwegian Cruise Lines.

A company spokeswoman, AnneMarie Mathews, said the child fell down an interior stairwell, and not over a balcony as was earlier reported.

The incident occurred around 6:50 a.m. on Friday about three miles off Miami Beach.

A Coast Guard rendezvoused with the Majesty offshore and transferred the victim into a small boat. She was then brought to the Miami Beach Coast Guard station and at 7:24 a.m. was taken by ambulance to Jackson Memorial Hospital in nearby Miami. A condition report was not immediately available.

Sun-Sentinel.com

Our maritime lawyers have been handling cruise ship injury cases since 1971. Two of our maritime lawyers are rated AV, the highest rating available for both ability and ethics. If you have been injured at sea, contact us now for a free confidential consultation and let us put our experience to work for you.

April 5, 2007

Who do they think they are kidding?

FBI Executive to Join Royal Caribbean

WASHINGTON (AP) - Eleni Pryles Kalisch, assistant director of congressional affairs for the Federal Bureau of Investigation, is leaving the bureau for a similar position with Royal Caribbean Cruises Ltd., the agency said Thursday.

Kalisch, 45, who began her FBI career in 1995 as assistant general counsel at headquarters and was named to her current position in August 2003, will join the world's second-largest cruise line in mid-May as its vice president of congressional affairs.

Kalisch "has been directly involved in every major issue facing the FBI over the past five years, and I have greatly relied on her skill and counsel," FBI Director Robert Mueller said in a release. "She will be sorely missed."

Representatives from Miami, Fla.-based Royal Caribbean did not immediately return calls for comment Thursday afternoon.

Shares of Royal Caribbean dipped 21 cents to $42.49 in afternoon trading on the New York Stock Exchange.

The Associated Press.

Filipino sailor killed, 4 injured in Greek cruiser accident

CORFU, Greece – A Filipino sailor was killed and four other sailors injured Thursday in an accident on a cruise ship anchored in port on the Greek island of Corfu, port police said.

It occurred during a routine rescue drill when the ropes attaching a lifeboat to the cruise ship 'Astoria' broke, they said.

A 47-year-old Filipino in the lifeboat died immediately while another Filipino and three Ukrainians were hurt. Two have been hospitalized in Corfu.

Most of the 257 crew on board the Astoria, flying under a Bahamas flag, came from the Philippines and Ukraine, while the majority of the 374 passengers on board were German.

An inquiry is underway.


Agence France-Presse
Inquirer.net

If you or someone you know was a passenger aboard the Sea Diamond, contact us now for immediate assistance and to protect your legal rights.

April 3, 2007

Senators back ocean rangers

A Senate budget subcommittee has decided to heed the voters and restore part of the cruise ship initiative the House stripped out.

It's good to see them play by the rules.

The senators approved $2.5 million to the ocean rangers program, which would put state pollution monitors aboard cruise ships while they're under way. They approved a two-person staff to get started, and adopted rules to provide just one ranger per ship -- in the cheapest available berths.

The rules make sense, and comply with the spirit as well as the letter of last August's voter-approved initiative, which called for onboard pollution monitors to make sure cruise ship crews abide by discharge limits. The initiative imposed a new $4-per-passenger tax to pay for the program, estimated to raise close to $4 million a year.

The subcommittee's action is a far cry from some in the House who say the onboard monitoring program is redundant, expensive and too difficult to implement. The latest proposal, backed by Rep. Jay Ramras, R-Fairbanks, calls for using $1 million of the $4 million to pay for port checks by monitors, limited random checks on the water, and then using the remaining $3 million to fund annual grants to nonprofit marine groups for research, education, youth programs, wildlife protection and environmental cleanup.

Using any leftover funds from the new tax for grants to nonprofits makes some sense, especially if the option is spending more than necessary on too much bureaucracy. But the first order of business should be to set up a comprehensive and adequately funded pollution monitor program. That's what the initiative requires.

The Department of Environmental Conservation says it's working to get ocean rangers aboard ships for the early May start of the cruise season. Lawmakers should be helping that effort, not looking to create escape clauses.

Alaska law blocks legislators from repealing a voter initiative until two years after passage. Until then, they can amend an initiative's provisions -- with the courts likely to decide how far lawmakers can go in "amending" before it becomes "repealing."

Legislators should appropriate the money and approve any laws necessary for a pollution monitors program. Then, and only then, see if any leftover money from the new passenger tax can go to worthwhile marine programs.

BOTTOM LINE: Senators show the way to heed voters' decision on cruise ship ocean rangers.

April 2, 2007

Cruise Ship caught in a Cyclone

Some amazing footage of one of largest and fastest passenger cruisers Voyager, caught in a cyclone in the middle of the Mediterranean Sea.

April 1, 2007

Cruise Ship Diver a Cadet

The article below is an update to the Cruise Passengers Overboard article from a couple of days ago. Still no comment is made as to why the young woman went overboard. However, the majority of cruise ship crimes and cruise passengers overboard involve alcohol.

Do you know what to do if you or someone you love is victim to a crime or accident on a cruise ship? Download the free Cruise S.O.S. card and bring the wallet sized card with you on your next cruise to keep you and your family safe.

Cruise Ship Diver a Cadet
By Tom Roeder
The Gazette, Colorado Springs

An Air Force Academy cadet who stayed afloat for more than four hours after diving off a cruise ship to help a companion who fell overboard is doing well and will be back this weekend, the academy said Friday.

Cadet Ernesto Guzman was aboard a Princess Cruises vessel in the Gulf of Mexico when he took the plunge last weekend to rescue a female companion, according to a number of news accounts. The pair were rescued from their accidental late-night swim four hours later.

An academy spokesman said officials from the school had talked to Guzman, a junior, by telephone and confirmed that he and his friend are doing well.

According to an account by News Channel 5 Belize, a television outlet in a Latin American nation where the ship made a port call, Guzman leapt into the Gulf of Mexico sometime early Sunday during the first day of a cruise that left from Galveston, Texas.

The television report said that the woman with Guzman, identified only as a 20-yearold college student, fell as many as nine stories into the water from a stateroom balcony aboard the 951-foot Grand Princess and that Guzman followed.

It’s unclear what caused the woman to fall.

Grand Princess is scheduled to dock in Galveston today. Julie Benson, director of public relations for Princess Cruises, didn’t return a phone call seeking comment.

An Associated Press report said the ship, which carries 2,600 passengers, immediately maneuvered in a bid to rescue the pair and lit up the water with searchlights, but the two were not found in the darkness. Passengers were asked to be silent while crew members listened for cries from the overboard couple.

The two were located by a U.S. Coast Guard helicopter, which used its spotlight to guide rescue craft from the cruise ship, the Coast Guard said Friday. Both were fully clothed when rescued.

Petty Officer 3rd Class Thomas Blue at the Coast Guard’s New Orleans headquarters said the service has determined what happened on the ship was an accident and doesn’t require further investigation.

Academy spokesman Meade Warthen said Guzman credited his survival with training he received at the academy.

All cadets are required to take an extensive water survival course, which includes how to leap into the water from a high-dive platform and how to stay afloat by inflating clothing with air.

The rigorous training is designed for pilots who might be forced to ditch an aircraft at sea.
The Belize station reported that Guzman’s companion was trained as a lifeguard.

Guzman and his companion were treated for minor injuries after their rescue, the television station reported, and the woman returned home to Colorado after the ship stopped in Mexico.

APPLYING ERIE PRINCIPLES TO CASE THAT WAS REMOVED UNDER 28 U.S.C.S. § 1441(B), COURT HELD THAT PREJUDGMENT INTEREST, WHICH WAS A SUBSTANTIVE ISSUE, WAS GOVERNED BY STATE LAW; THERE WAS NO FEDERAL PREEMPTION AS NO ACT OF CONGRESS PROHIBITED RECOVERY FOR E

In re: THE EXXON VALDEZ, SEA HAWK SEAFOODS, INC., Plaintiff-Appellant, v. EXXON CORPORATION and EXXON SHIPPING COMPANY, Defendants-Appellees, and UNITED STATES OF AMERICA, Intervenor-Appellee.
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
2007 U.S. App. LEXIS 8621
April 16, 2007, Filed

PROCEDURAL POSTURE:Plaintiff corporation filed suit against defendant companies, seeking to recover under Alaska state law for business losses resulting from an oil spill. The parties settled all issues except for that of a prejudgment interest rate. The U.S. District Court for the District of Alaska determined prejudgment interest rates under federal law, and plaintiff appealed.

OVERVIEW: The case had been removed to the court by virtue of 28 U.S.C.S. § 1441(b). The district court used the Treasury rate prescribed by 28 U.S.C.S. § 1961(a). Consequently, the district court determined the prejudgment interest rates to be 4.11% and 3.54% for losses occurring in 1992 and 1993, respectively. On appeal, the court held that Erie principles applied when federal courts exercised jurisdiction over state law claims pursuant to 28 U.S.C.S. § 1441(c). Under that doctrine, a court was to apply state law to substantive issues. Prejudgment interest was a substantive, rather than procedural, issue. Thus, absent federal preemption, state law applied to the issue of prejudgment interest. In reversing, the court held that the Alaska prejudgment interest rate set forth in Alaska Stat. § 09.30.070 applied because no act of Congress prohibited recovery for purely economic loss and Alaska had a strong interest in regulating oil pollution and in providing remedies for damages caused by oil spills. Consequently, as an aspect of the Alaska claims for economic harm, plaintiff's claims for prejudgment interest were not preempted by federal law.

OUTCOME: The court reversed the district court's judgment and remanded the case with instructions to calculate prejudgment interest under Alaska law using a rate of 10.5 percent.

IN A CASE BROUGHT UNDER § 905(B) OF THE LHWCA, IN THE VESSEL OWNERS SOUGHT SUMMARY JUDGMENT, ARGUING THAT THE WORKER WAS UNABLE TO PROVE THAT THEY OWED A LEGAL DUTY TO PROTECT HIM FROM THE INJURY HE ALLEGEDLY SUFFERED, THAT MOTION WAS DENIED BECAUSE THER

LYDIA CLEMENTS and RAYMOND CLEMENTS VERSUS QUARK, LTD., QUARK FISHING LTD. AJC INTERNATIONAL, INC., AJC INTERNATIONAL (EXPORT), INC., AJC INTERNATIONAL (WEST), INC., AJC INTERNATIONAL TRADING CORPORATION, AJC INTERNATIONAL, LTD., (VIRGIN ISLANDS), AJC ATLANTIC, AJC FOODS, NORBULK SHIPPING (UK) LTD.
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA
2007 U.S. Dist. LEXIS 26387
April 10, 2007, Filed

PROCEDURAL POSTURE:In a personal injury case brought under § 905(b) of the Longshore and Harbor Workers' Compensation Act, plaintiff worker sued defendants, the owner/operators (owners) of a vessel and a voyage charterer. The worker claimed that he was disabled due to his injury. The owners moved for summary judgment, arguing that the worker was unable to prove that they owed a legal duty to protect him from the injury he allegedly suffered.

OVERVIEW: The worker countered that they failed to turn over a reasonably safe vessel to the stevedore. To bolster that argument, the worker relied on testimony from his expert, who testified that the deckboards of the vessel were in substandard condition under circumstances in which insufficient time was given for proper maintenance and no safe alternative was provided to protect the stevedore from the defects. The worker argued that the obvious lack of maintenance and/or the insufficient maintenance by the owners and crew of the vessel raised factual issues as to its responsibility under their control. Further, the expert opined that the grated decks of the vessel were not properly placed, supported, maintained, or designed to support workers and that the owners of the vessel did not comply with the mandatory duty to inspect and find defects and to warn of these defects. The worker's expert added that there was no safety management system in place to identify and safeguard against risks such as cracked and defective floorboards, as required by the International Safety Management Code. Those serious fact issues precluded the granting of summary judgment in favor of the owners.

OUTCOME: The motion for summary judgment was denied.

BECAUSE OF TRIABLE ISSUES REGARDING WHETHER A HUSBAND WAS A DE FACTO OWNER OF A BOAT UNDER NAVIGATION LAW § 48 AND WHETHER A REPAIRMAN HAD BEEN PROPERLY INFORMED OF THE BOAT'S ALLEGED MISALIGNMENT PROBLEMS, THE TRIAL COURT ERRED IN GRANTING THE OWNERS' M

DAVID DOBSON et al., as Parents and Guardians of ETHAN DOBSON, an Infant, Respondents-Appellants, v LINDA J. GIOIA et al., Appellants-Respondents, and FRANCIS A. MARTIN et al., Respondents-Appellants.
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT
2007 NY Slip Op 3042; 2007 N.Y. App. Div. LEXIS 4440
April 12, 2007, Entered

PROCEDURAL POSTURE:The parties cross-appealed an order by the Saratoga County Supreme Court (New York) that, inter alia, partially granted the cross-motion of defendant owners, a husband and his wife, for summary judgment in plaintiff parents' action for personal injuries and spoliation of evidence.

OVERVIEW: After the owners' boat flipped to the left and capsized while being operated by a relative, the husband took it to defendant repairman for repairs. While the owners were attempting to sell the boat, it remained in the custody of the repairman, who claimed that the husband granted him permission to operate it for recreational purposes. During one such excursion, the boat again flipped over, injuring the parents' child. The owners' insurer was allegedly told by the parents' attorney to preserve the boat in its current condition and that no repairs, alterations or modifications be made to it. However, the engine and other component parts had already been removed from the boat for purposes of the damage estimate. The appellate court found that the imposition of sanctions against the owners for the alleged spoliation of evidence under CPLR 3126 by its insurer was properly denied. However, triable issues regarding whether the husband was a de facto owner under Navigation Law § 48, and whether the repairman had been properly informed of the alleged misalignment problems. Therefore, the trial court erred in granting summary judgment to the owners.

OUTCOME: The order was modified by reversing the partial grant of the owners' cross-motion for summary judgment, the cross-motion was denied to that extent, and, as so modified, the order was affirmed.

DISTRICT COURT PROPERLY ENTERED JUDGMENT FOR FIRED TOW-BOAT OPERATOR ON HIS 46 U.S.C.S. § 2114(A)(1)(B) WRONGFUL TERMINATION CLAIM. EVIDENCE SHOWED THAT EMPLOYER HAD IMPLICITLY ORDERED OPERATOR TO PERFORM DUTIES THAT OPERATOR BELIEVED WERE UNSAFE. SECTIO

LARRY GWIN, Plaintiff-Appellee, v. AMERICAN RIVER TRANSPORTATION COMPANY, Defendant-Appellant.
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT
2007 U.S. App. LEXIS 8215
April 10, 2007, Decided

PROCEDURAL POSTURE:Plaintiff, a fired tow-boat operator, filed a suit against defendant former employer alleging that it violated 46 U.S.C.S. § 2114(a)(1)(B) by terminating him for refusing to perform unsafe duties. The employer appealed after the United States District Court for the Southern District of Illinois denied its motions for judgment as a matter of law, for an award of costs under Fed. R. Civ. P. 54(d), and to compel payment of its experts' expenses.

OVERVIEW: The operator alleged that he was fired because he had refused to join, on safety grounds, a purportedly voluntary program that required all-river vessels to push six long tows on the Mississippi River. A jury returned a verdict for the operator but rejected the claims asserted by five co-workers. The employer argued: 1) that the operator's 46 U.S.C.S. § 2114(a)(1)(B) claim failed as a matter of law because he admitted that the employer had not explicitly ordered him to push the six long tows; 2) that as the prevailing party, it was entitled to a cost award under Fed. R. Civ. P. 54(d); and 3) that the parties had previously agreed to pay each others' expert fees. The court found error with regard to a portion of the district court's cost rulings, but otherwise found no error. The evidence showed that employer implicitly ordered the operator to push the six long tows by regularly asking him to do so, despite his prior refusals, and by providing poor performance evaluations based on his failure to push the tows. Fed. R. Civ. P. 54(d) was superseded by 46 U.S.C.S. § 2114(b). The employer was properly denied costs with regard to the § 2114(a)(1)(B) claims, but not as to other claims.

OUTCOME: The court affirmed the district court's judgment, but partially reversed its orders denying the employer's requests for costs. It remanded the case back and directed the district court to determine which of the employer's costs were solely allocable to claims that the operator and his co-workers had dismissed before the case was submitted to the jury and to determine whether the employer's expert's fees were reasonable.

IN A NEGLIGENCE ACTION ARISING OUT OF A MOTOR VEHICLE COLLISION IN WHICH A CREW MEMBER WAS INJURED, THE NONRESIDENT OWNER AND MANAGERS OF A VESSEL WERE NOT SUBJECT TO PERSONAL JURISDICTION BECAUSE THE VESSEL'S CALLS TO PORTS IN TEXAS WERE INSUFFICIENT TO

PARAMJIT FARWAH, Appellants v. PROSPEROUS MARITIME CORP. AND OCS SERVICES (INDIA) LTD.- DIVISION: NORTRANS MARITIME SERVICES, Appellees
COURT OF APPEALS OF TEXAS, NINTH DISTRICT, BEAUMONT
2007 Tex. App. LEXIS 2743
April 5, 2007, Opinion Delivered

PROCEDURAL POSTURE:Appellants, relatives of a crew member who suffered fatal injuries in a motor vehicle collision that occurred while crew members were returning to a vessel, filed interlocutory appeals from orders in which the 136th District Court, Jefferson County, Texas, granted the special appearances of appellees, a vessel owner, a vessel manager, an assisting manager, and a crewing manager, and dismissed appellees from the negligence action.

OVERVIEW: While docked at a Texas port, crew members hired a driver to take them into a town to purchase personal items and supplies. Upon returning to the vessel, the vehicle in which the crew members were traveling was hit by another vehicle. Appellants alleged that appellees, foreign companies that had their principal places of business outside the United States, breached their duty to provide the deceased crew member a safe workplace and safe transportation. On appeal, the court held that appellees' special appearances were properly granted under Tex. R. Civ. P. 120a because appellants' claims did not arise from appellees' purposeful contacts with Texas and appellees did not have continuous and systematic contacts with Texas of such quality that they could be subject to personal jurisdiction. The court held that the vessel's calls to ports in Texas were insufficient to establish general jurisdiction because appellees did not have the right to control the vessel's ports of call. The assisting manager's purchase of supplies and use of repair services in Texas did not satisfy the requirements for personal jurisdiction because the contacts did not relate to the cause of action.

OUTCOME: The court affirmed the trial court's orders.

JUDGMENT FINDING BOATER NEGLIGENT BASED ON FAILURE TO PASS FROM PORT TO PORT IN VIOLATION OF CONNECTICUT LAW WAS AFFIRMED ON OTHER GROUNDS, ALTHOUGH IT WAS ERROR TO BASE NEGLIGENCE FINDING ON FAILURE SINCE COMPLAINT DID NOT MENTION THE CONNECTICUT LAW, OR

RICHARD W. MICHALSKI ET AL. v. ROBERT HINZ
APPELLATE COURT OF CONNECTICUT
100 Conn. App. 389; 2007 Conn. App. LEXIS 136
April 10, 2007, Officially Released

PROCEDURAL POSTURE:The Superior Court in the Judicial District of Danbury (Connecticut) found defendant boater negligent and denied his motion for a judgment of dismissal. A motion to assess costs filed by plaintiffs, a fisherman and a passenger, was denied. The boater's motion for review was granted and an articulation was ordered. After the trial court entered a supplemental decision, all parties appealed. The appeals were consolidated.

OVERVIEW: The boater argued that a negligence finding was improperly based on his failure to pass from port to port. The appellate court held that the failure to pass from port to port was not pleaded, either with a reference to Conn. Gen. Stat. § 15-131(1) or a factual allegation. The boater was not notified that § 15-131(1) was at issue. Plaintiffs could not recover for negligence from the failure to pass port to port. The fisherman did not claim a variance between the pleadings and the evidence. Plaintiffs did not claim a § 15-131(1) violation, or inform the trial court or the boater that they were pursuing such an allegation. The finding that the boater did not sound his horn was not clearly erroneous. The failure violated Connecticut boating regulations and was a basis for a negligence finding. The horn violation was not based on the federal inland navigation rules. The doctrine of error in extremis did not apply as defendant was negligent. Had he sounded his horn, the collision might have been avoided. Expert testimony was not required. When the motion for a judgment of dismissal was filed, expert testimony had been admitted. Finally, the failure to award plaintiffs costs was in error.

OUTCOME: The judgment was reversed only as to the denial of plaintiffs' motion for costs. The case was remanded to the trial court for further proceedings regarding the award of costs. Otherwise, the judgment was affirmed.

SUMMARY JUDGMENT WAS REVERSED AND REMANDED BECAUSE IT WAS NOT CLEAR THAT THE CHARTER AGREEMENT EXPRESSED IN CLEAR AND UNEQUIVOCAL TERMS THAT THE BOAT OWNER AND BOAT COMPANY WERE ENTITLED TO INDEMNIFICATION FOR UNSEAWORTHINESS CLAIMS SINCE A STATEMENT TO T

JAMES TYE POOLE VERSUS ELEVATING BOATS, L.L.C.
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT
2007 La. App. LEXIS 730
April 4, 2007, Filed

PROCEDURAL POSTURE:Appellant broker challenged the judgment of the 25th Judicial District Court for the Parish of Plaquemines, Louisiana, granting the summary judgment motion filed by appellee boat owner and ordering the broker to indemnify and defend the boat owner and third party plaintiff boat company.

OVERVIEW: The action arose out of a personal injury sustained by the claimant while he was aboard the boat. The claimant sustained injuries when he fell from an unsecured wood platform located in the vessel's lavatory. At the time, the claimant was employed by the employer. The employer had used the broker to procure the boat for an offshore construction job. The claimant filed suit against the owner and the boat company. The owner filed a third-party demand against the broker. The appellate court ruled that the district court did not err in determining that the previously executed brokerage agreement was not applicable to the instant dispute, as the terms of the brokerage agreement were nullified by the terms of the charter. The charter agreement solely identified the broker as the charterer and there was an absence of language identifying any other party as having the obligation of indemnifying the owner. Also, there was a genuine issue of material fact as to whether the owner and boat company were entitled to defense and indemnification for the claimant's claim of unseaworthiness.

OUTCOME: The judgment was reversed and remanded.

PLAINTIFF'S CLAIM, SEEKING DAMAGES FOR INJURIES SUSTAINED DURING SHOOTING UNDER NEGLIGENCE THEORY FOR EMPLOYEE'S ASSAULT, FAILED UNDER GENERAL MARITIME LAW. ASSUMING THAT DEFENDANTS OWED PLAINTIFF DUTY OF REASONABLE CARE, THERE WAS NO EVIDENCE THAT DEFEND

TINERMALO TAU, Plaintiff-Appellant v. F/V SAINT JUDE, JOSEPH MALLEY, JANE DOE MALLEY, AND THEIR MARITAL COMMUNITY, Defendants-Appellees.
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
2007 U.S. App. LEXIS 8981
April 16, 2007, Filed

PROCEDURAL POSTURE:Plaintiff challenged a judgment from the United States District Court for the Western District of Washington, which granted defendants' motion for summary judgment on plaintiff's claims for negligence under general maritime law. The district court found that plaintiff failed to show that a shooting, which caused his injuries, was foreseeable or that defendants failed to exercise reasonable care under the circumstances.

OVERVIEW: Plaintiff conceded that he was not entitled to recover on his claims for under the Jones Act, 46 U.S.C.S. app. § 688 (current version at 46 U.S.C.S. §§ 30104, 30105), before the district court concluded that he was not entitled to recover under general maritime law. On appeal, the court held that the district court had original jurisdiction because the complaint alleged a Jones Act violation. The court was not required to determine whether the case was governed by maritime law or state law because the result was the same under maritime or state law. Plaintiff advanced negligence, strict vicarious, and strict liability theories for an employee's assault. There was no maritime theory of strict liability or negligence per se under which defendants could be liable for plaintiff's injuries. Assuming defendants owed plaintiff a duty of reasonable care, there was no evidence that defendants knew of the assailant's dangerous tendencies or that it was foreseeable he would harm someone. Plaintiff's negligent supervision or hiring theory failed under state law, as there was no evidence that defendants knew or should have known of the assailant's dangerous propensity.

OUTCOME: The court affirmed the judgment of the district court.

ALTHOUGH LAUNCH OPERATORS' DUTIES OF SHUTTLING PILOTS TO BOATS AND MONITORING RADIO CONSTITUTED SEAMEN'S WORK UNDER FSLA, MANY OF THEIR HANDYMAN DUTIES DID NOT. BECAUSE EVIDENCE WAS CONFLICTING AS TO HOW MUCH TIME OPERATORS SPENT ON EACH DUTY, SUMMARY JUD

J. DANIEL GODARD, JR., et al., Plaintiffs, v. ALABAMA PILOT, INC., Defendant.
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA, SOUTHERN DIVISION
2007 U.S. Dist. LEXIS 27009
April 10, 2007, Decided

PROCEDURAL POSTURE:Plaintiff launch operators filed a collective action under the Fair Labor Standards Act of 1938 (FLSA), as amended, 29 U.S.C.S. § 201 et seq., seeking to recover overtime compensation from defendant employer. The parties filed cross-motions for summary judgment, with the employer arguing that the operators were seamen and therefore were exempt from the overtime provisions of the FLSA under 29 U.S.C.S. § 213(b)(6).

OVERVIEW: The employer operated a piloting service. The operators' job entailed shuttling pilots to and from vessels that were leaving port. This duty comprised a maximum of 29.5% of the operators' work time. The operators performed other duties, such as monitoring the radio and performing handyman work around the station. The employer alleged that the operators were seaman and thus were exempt from the overtime requirements of the FLSA. The court held that (1) whether the operators were "seamen" was determined by rules promulgated under the FSLA, not by the Jones Act definition of "seamen"; (2) the 20% rule, which stated that an employee who spent more than 20% of his time performing tasks that were not rendered primarily as an aid in the operation of a vessel as a means of transportation were not exempt from the FSLA's overtime requirements, applied; (3) the operators' shuttling and radio watch duties constituted seamen's work under the FSLA, but the handyman duties that did not entail the maintenance of the launch vessels did not; and (4) the evidence was conflicting as to how much time the operators spent on non-seaman endeavours, which prevented the court from granting summary judgment.

OUTCOME: The court denied the cross-motions for summary judgment.

Bomb Hoax Forces Cruise Ship Evacuation

The Associated Press

PORT CANAVERAL, Fla. (AP) - A phony bomb threat forced nearly 3,000 passengers and crew members to evacuate a Carnival Cruise Lines ship shortly before it was scheduled to leave Florida for the Bahamas.

Coast Guard and Brevard County sheriff's officers spent two hours searching the ship Thursday before determining the threat was a hoax.

``We did a sweep in accordance with security procedure,'' said Coast Guard Lt. Carol Swinson.

The call about the cruise ship Sensation reached the Coast Guard Thursday afternoon. After the search, the passengers reboarded, and the ship left port shortly after 8 p.m.

Carnival's Web site shows Sensation has a passenger capacity of 2,052 and a total crew of 920.

The company released a statement about the incident saying, ``Carnival Cruise Lines takes any security threat very seriously and is working with law enforcement officials as the investigation continues.''