June 5, 2009
COAL CARRIER COLLIDES WITH VESSEL: FAILURE TO FOLLOW PROPER SAFETY MEASURES AT SEA: WRONGFUL DEATH: SETTLEMENT
In re Essence Marine Holding Ltd., U.S. Dist. Ct., S.D.N.Y., No. 1:06-cv-08154, Jan. 13, 2009.
Bortolotti, 29, was working as a cook aboard a sailing vessel, the S/V Essence. Early one morning, the M/V Barkald, a bulk coal carrier weighing almost 49,500 deadweight tons, collided with the Essence. As a result of the collision, the Essence became hung up broadside on the Barkald’s bow. The Essence’s crew members were able to safely evacuate from the vessel to the water. When the Essence broke free from the Barkald’s bow and began sinking, however, Bortolotti was pulled underwater and drowned. She is survived by her parents.
Bortolotti had earned $42,000 annually, and her estate claimed between approximately $1.35 million and $1.99 million in lost earnings.
Bortolotti’s parents, individually and on behalf of her estate, sued the shipping company that operated the Barkald, the pilot, the pilot’s association, and the Essence’s owner and pilot. Plaintiffs alleged the Barkald crew failed to follow the proper safety measures for the circumstances. Plaintiffs claimed that a light was out portside on the coal carrier, limiting visibility as it navigated past the Essence. They also alleged that the vessel’s master failed to obey the captain’s order to post a lookout at the bow because of the vessel’s size and crane obstructions on deck. Because no one was stationed at the bow, plaintiffs argued, no one was able to foresee the preventable collision. Suit also alleged that the Essence failed to follow international navigation rules.
Defendants contended that their liability was limited by the pecuniary loss rule under the Jones Act, 46 U.S.C. app. § 688, under which there would be no loss because Bortolotti had no dependents.
Plaintiffs and defendants reached a settlement before trial for $5 million. The shipping company’s insurer paid $3 million, and the Essence’s insurer contributed the rest of the settlement amount.
Plaintiffs’ expert witnesses in this case were Gary Crakes, economics, Cheshire, Conn.; David S. Smith, maritime safety, Charlevoix, Mich.; and Barry Costello, admiralty, Des Moines, Wash.
Plaintiffs’ Counsel
Joel T. Faxon, New Haven, Conn.
