This case involves allision between a vessel, M/V MR. CADE, and a fixed well platform owned by Southern Oil of Louisiana, LLC. The allision occurred in the Gulf of Mexico on December 2, 2021, resulting in damages to both the vessel and the platform, as well as personal injuries to a crew member, Jeremy Turner.
The main parties involved were Southern Oil of Louisiana, LLC (the platform owner), Alliance Offshore, LLC (the vessel owner and operator), SeaTran Marine, LLC (the vessel manager), Mr. Cade, LLC (the vessel owner), Sabik Oy (the manufacturer of the navigational lantern on the platform), and Jeremy Turner (the injured crew member).
Claims in this case were:
Southern Oil asserted negligence and unseaworthiness claims against Alliance for running into Southern Oil’s platform.
Alliance alleged that Southern Oil's failure to properly light and equip the platform with a functional foghorn caused the allision.
Sabik Oy was accused of manufacturing a defective navigational lantern.
Jeremy Turner asserted Jones Act personal injury claims against Alliance, as well as maritime claims against Southern Oil and Sabik Oy.
The Court made detailed findings of fact regarding the events leading up to the allision, the condition and maintenance of the navigational lantern on the platform, the actions of the vessel's captain and crew, and the parties' respective roles and responsibilities.
The court analyzed the legal principles applicable to maritime tort claims, including negligence, unseaworthiness, product liability, and limitation of liability. It also considered the application of various maritime presumptions, such as the Oregon Rule and the Pennsylvania Rule, in determining fault and causation.
First, the Court found that the light manufacturer, Sabik Oy, did nothing wrong.
Second, the Court found that the M/V CADE was 50 percent at fault because its captain failed to exercise reasonable care in several distinct ways.
When encountering a shrimp trawler and changing its course, the M/V CADE’s captain failed to consult his Rose Point system to determine whether the course change resulted in any known obstructions in the new party.
The captain left the wheelhouse to get coffee at a bad time after altering course.
The captain failed to keep a proper lookout and failed to use all available aids to navigation in violation of Navigation Rules 5 and 7.
The vessel owner was not entitled to limit liability because its failure to train the captain on the use of the navigation equipment and the captain’s admitted lack of knowledge as to the equipment’s abilities (particularly, the Rose Point system and laying same over radar) was a contributing factor to the allision, and the vessel owner, knew, or should have known, that he was not trained in the proper use of the vessel’s navigational equipment.
Third, the Court found the platform owner, Southern Oil, was 50 percent at fault for the following reasons:
Southern Oil failed to properly inspect the lantern before installation.
Southern Oil failed to use any available avenues to check the lantern’s battery health after installation.
Southern Oil failed to implement measures to ensure that the light functioned throughout the night.
A copy of the decision is below:
Please feel free to reach out at (504) 553-1435 or ad@adamdavislawfirm.com if you have any questions or would like to discuss.
Thanks,
Adam Davis Law Firm
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