Cruise Ship Law

BECKY MATHENY, individually and as Surviving Spouse of RONALD MATHENY, Deceased, Plaintiff, v. THE TENNESSEE VALLEY AUTHORITY, Defendant/Third-Party Plaintiff/ Counter-Defendant. v. THOMAS LAWRENCE and JOHNNA LAWRENCE, Third-Party Defendant/ Counter-Plaintiff and Counter-Plaintiff

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE, NASHVILLE DIVISION
2007 U.S. Dist. LEXIS 90764
December 6, 2007, Decided

PROCEDURAL POSTURE: A bench trial was held on various claims including, but not limited to negligence, negligent supervision and entrustment, arising from a boating accident that occurred on the Cumberland River.


OVERVIEW: The plaintiff, widow of Ronald Matheny, who drowned when a small boat in which he was fishing capsized in the Cumberland River. Third-party defendant and counter-plaintiff Thomas "Steve" Lawrence, Mr. Matheny's cousin, was the owner and pilot of the fishing boat in question. The fishing boat capsized when it was swamped by the wake of a tug boat, The Patricia H., owned by defendant Tennessee Valley Authority ("TVA") and operated by pilot Jeff Ralls, a TVA employee. Mr. Lawrence was successfully rescued by pilot Ralls and his crew. Mr. Matheny, however, drowned before he could be rescued. During the bench trial, the Court analyzed various factors surrounding the underlying accident, including the position and speed of the boats, the size of the wake created by the tugboat and the training received by the Captain of the tugboat and his crew and found that the defendants were liable for the accidents. In apportioning liability among the Defendants, the court found the Captain's negligent operation of the tugboat, specifically, the creation of an excessive wake was 100% responsible for the capsize of the fishing boat and the death of Mr. Matheny. In determining the Tugboat Captain's negligence, the court analyzed the Pennsylvania Rule and the Last Clear Chance Doctrine. Additionally, the court found no negligence in the defendant's attempts at resuscitating Mr. Matheny nor in the promptness with which Mr. Matheny was taken to the hospital. The limitation of liability statute was found not to apply because lack of privity or knowledge was not proven. As to the Negligent Supervision and Entrustment claims, while the court found there was negligent supervision of the tugboat Captain in failing to specifically instruct him to maintain a low speed or a low wake in the presence of small fishing vessels. The defendant did not, however, commit negligent entrustment because such a claim requires a showing that a chattel was entrusted to one incompetent to use it with knowledge of the incompetence, and that its use was the proximate cause of injury or damage to another, and the court did find that the Captain was incompetent. 



OUTCOME: Judgment is entered for the plaintiff in the amount of $ 2,159,153.00 for compensatory damages, and in favor of the counter-plaintiffs in the amount of $ 238,685.10 for compensatory damages.