District court did not err in finding that towing company was not entitled to salvage award because vessel was not in a situation of reasonable apprehension of maritime peril where hurricane had already passed through the area, vessel was secured in marin
CAPE ANN TOWING, Plaintiff-Appellant, versus M/Y "UNIVERSAL LADY", in rem, BP ENTERPRISES OF FLORIDA, LLC, Defendants-Appellees.
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
2008 U.S. App. LEXIS 5237
March 11, 2008, Decided
PROCEDURAL POSTURE: Appellant towing company sought review of a judgment from the United States District Court for the Southern District of Florida, which denied the company's in rem claim for a salvage award of $ 487,500 against appellees, a vessel and its owner, and instead awarded the company $ 2,706 on the basis of quantum meruit for marine towing services that the company rendered to the vessel during a hurricane.
OVERVIEW: The district court held that the company was not entitled to a salvage award because it failed to show the existence of a maritime peril from which the vessel could not have been saved without assistance. On appeal, the court held that the district court did not err in its determination that the vessel was not in a situation of reasonable apprehension of maritime peril. Notwithstanding the company's assertions that the weather was still perilous and the vessel was positioned next to and above broken concrete pilings, the evidence showed that the weather had dramatically improved from the earlier hurricane conditions and that the vessel was located in a marina, afloat, and secured by a rope to another boat. The company presented no credible evidence that the pilings had damaged or posed further risk of damage to the vessel's hull. The evidence also showed that the center of the hurricane had already passed through the area. The court also found no merit to the company's argument that the district court should have awarded compensation on a per foot of vessel charge typically used in salvage situations, as the company had not established that it acted as a salvor to the vessel.
OUTCOME: The court affirmed the district court's judgment.
