In re the Complaint of Moran Towing Corp.
984 F. Supp. 2d 150
S.D.N.Y.2013Background
- Two actions were tried in rem and in person: Moran Towing’s petition for exoneration/limitation and Avril Young’s Jones Act and general maritime negligence claim arising from Ricardo Young’s death on December 27, 2009 aboard Moran’s Tug Turecamo Girls while towing a barge.
- Young, a Moran deckhand, was crushed in the capstan when the starboard push line paid out during an ill-timed swing maneuver under weather and current conditions on the Hackensack River.
- The court found Moran liable for unseaworthiness due to lack of training, procedures, and a safe work environment, and negligent under the Jones Act for inadequate training and for Allen’s conduct during the swing.
- Limitation of liability was denied because Moran had privity/knowledge of unsafe conditions and failed to exercise due care in training and supervision.
- Damages were awarded to Avril Young (estate), including conscious pain and suffering, lost future support, and lost household services, with loss of society and punitive damages denied; prejudgment interest was awarded at 9% under New York law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Unseaworthiness due to lack of training | Moran failed to provide adequate training and procedures for line handling and swing maneuvers. | Moran contends no seaworthiness violation given some crew experience and reliance on standard practices. | Unseaworthiness proven; Moran liable. |
| Jones Act negligence for training and supervision | Moran’s omissions constituted direct and vicarious negligence under the Jones Act. | Disputed causation and reliance on operator discretion; argued no breach of duty. | Jones Act negligence established; Moran liable directly and vicariously. |
| Limitation of liability | Limitation should be denied due to privity/knowledge of unsafe conditions. | Owner may limit if lack of privity/knowledge proven. | Limitation not established; privity/knowledge shown. |
| Damages for conscious pain and suffering and pecuniary losses | Young endured conscious pain; substantial loss of support and household services; argue for large awards. | Proposed awards excessive; compare to precedent and medical evidence. | Conscious pain and suffering awarded at $750,000; lost future support $692,235; lost household services $80,280; loss of nurture $15,000 per year for six years; loss of society denied. |
| Prejudgment interest | Interest should be awarded under admiralty/state-law approach. | Interest discretion for prejudgment should be limited. | Prejudgment interest awarded at 9% per annum from December 27, 2009. |
Key Cases Cited
- Miles v. Apex Marine Corp., 498 U.S. 19 (U.S. 1990) (seaworthiness strict liability for shipowners)
- Usner v. Luckenbach Overseas Corp., 400 U.S. 494 (U.S. 1971) (unseaworthiness and owner duty concepts)
- Potomac Transp., Inc. v. Ogden Marine, Inc., 909 F.2d 42 (5th Cir. 1990) (training/supervision as basis to deny limitation)
- CSX Transp., Inc. v. McBride, 131 S. Ct. 2630 (U.S. 2011) (negligence causation standard under Jones Act)
- Red Star Towing & Transp. Co. v. The Ming Giant, 552 F. Supp. 367 (S.D.N.Y. 1982) (loss of nurture/pegged damages framework)