9/19/2023 0 Comments Vigor marineFurthermore, the Bowditch Report required that the OCEAN RANGER "is not to proceed from any safe port or sheltered waters during the voyage without first determining that reasonable weather conditions (less than Force 6) are predicted along his intended track, nor is he to proceed at speeds excessive for the prevailing weather. ) to avoid pitching or rolling and ensure that seamanship techniques are employed to minimize the effects of head seas and rolling upon. The Bowditch Report specifically required that the OCEAN RANGER " shall avoid heavy head or beam seas (greater than 8-10 ft. In addition to noting the conditions of the Drydock, the Bowditch Report also set forth recommendations for the tow that were provided to Western's Port Captain, Russell Shrewsbury, and Captain McGavock. Flooding alarms indicate to the towing ship that there is a problem with the tow, allowing corrective action to be taken before the tow sinks."). #42-13 at 6 ("All unmanned tows shall be equipped with flooding alarms. Vigor also does not dispute that it failed to install a flood alarm on the Drydock, which was a requirement under the U.S. Captain Shaw declares that at the time he surveyed the Drydock, Vigor did not inform him that (1) the original Navy design for open ocean tow was that its two end sections would be detached from the center section and loaded onto the center section for tow (2) Heger Drydock had recommended to Vigor that the YFD-69 be towed disassembled from Portland to Seattle (3) Vigor's sale contract to Amaya Curiel required carriage to Ensenada in detached form, on a heavy-lift ship and (4) that Vigor had performed an ultrasonic gauging in 2013 showing significant wastage. However, Western's expert witness notes that photographs taken at the time of the survey, but not included in the Bowditch Survey, showed more significant corrosion than the photographs in the survey report. The Bowditch Report concluded that the Drydock was "appropriately prepared and rigged without incident, lashed and secured in apparent good order, and conforms with normal custom and practice for towage of a Marine Industrial Dry Dock Platform from Seattle, Washington for a Coastal Voyage to Ensenada, Mexico via the Puget Sound, the Straits of Juan de Fuca and then proceeding south." Dkt. The Navy's manual clarifies that its contents "are for information and guidance only" as opposed to required operating procedure. When towed, the end sections are stowed on the center section."). #42-8 at 8 (stating that the dock "has been designed to facilitate towing at sea. Navy titled "General Information and Operating Manual" recommends towing the family of drydocks YFD-68, YFD-69, YFD-70, and YFD-71 with bow and stern sections detached and docked on the center section for towing. The Bowditch Report, dated October 18, 2016, recommended that the Drydock be towed in its extended configuration, with bow and stern sections attached. #42-17 at 4.īefore the voyage, Vigor prepared the Drydock for towing with a pre-tow suitability survey report conducted by Captain Richard Shaw, a marine surveyor with Bowditch Marine, Inc. Western was aware prior to the voyage that Vigor sold the Drydock to Amaya Curiel for use as scrap. Vigor contracted Western for towage of the Drydock from Seattle, Washington to Ensenada, Mexico using the tugboat OCEAN RANGER under the command of Captain Stephen McGavock. Amaya Curiel runs a shipyard in Mexico that repairs and scraps vessels. On April 14, 2016, Vigor sold the Drydock to Amaya Curiel Corporation ("Amaya Curiel"). The YFD-70 was one of three drydocks in its class, the others being the YFD-69 and the YFD-71. With both end sections attached, the total length of the vessel was 528 feet. Its center section ran 368 feet long and 118 feet wide, with two end sections each 80 feet long and 118 feet wide. The Drydock YFD-70 ("The Drydock") was a three-section steel structure constructed in 1945. Having considered parties' motions, responses, replies, and the declarations and exhibits attached thereto, the Court GRANTS IN PART AND DENIES IN PART Vigor's motion and DENIES Western's motion as set forth below. The Court finds oral argument unnecessary to resolve the issues. #42, and Defendant Vigor Marine, LLC ("Vigor") moves for partial summary judgment on its counterclaim for general maritime negligence and parties' cross-claims for breach of contract. Plaintiff Western Towboat Company ("Western") moves for summary judgment on all claims, Dkt. This matter comes before the Court on parties' cross-motions for summary judgment. ORDER RE: MOTIONS FOR SUMMARY JUDGMENT I. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE
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