41 F. Supp. 3d 507
E.D. La.2014Background
- On Nov. 5, 2010 the ATB M/V BLUEFIN (pushing barge PENN 80) grazed barge OSG 400 after the BLUEFIN’s rudders went hard over to port immediately after control was returned to the autopilot following a hand-steered turn; no pollution resulted.
- Penn Maritime contracted Thoma-Sea to build the BLUEFIN; EMI installed basic steering hardware; Rhodes installed a Simrad AP50 Plus autopilot and performed a dockside setup and basic crew instruction.
- Maiden voyage and subsequent trips produced intermittent autopilot/course-keeping issues; a September 15 Rhodes technician changed drive mode from solenoid to analog and recalibrated analog drives; the autopilot then worked for months.
- After the collision, the captain replicated the hard-over behavior for Coast Guard and ABS; a Simrad dealer (Pisciotta) inspected the JD53 box on Nov. 6, found loose terminal screws and a cable pressing on an analog board, recalibrated settings (zero point, end points), changed vessel-length and Auto Trim/Sea State settings, and thereafter the unit behaved normally.
- Penn sued Rhodes for negligent installation/repair, breach of implied warranty of workmanlike performance, and products liability; court tried the issues without a jury and found Penn failed to prove Rhodes caused the accident, concluding operator error by Captain Edvardsen was at least equally probable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rhodes negligently installed/repaired autopilot or breached WWLP | Rhodes left improper console settings and loose wiring (JD53) that caused the rudders to go hard over | Rhodes performed proper dockside setup and September repair; Penn had exclusive control of console/settings after service; settings/wiring changes could have been made by Penn crew | Court: Penn failed to prove Rhodes breached duty or WWLP; exclusive crew control and circumstantial gaps defeat causation finding |
| Whether the specific console settings and calibrations identified post-accident could have caused hard-over | Miscalibrated zero point, end points, Auto Trim/Sea State, wrong vessel length caused erratic autopilot commands | Those console settings either would not produce hard-over (Auto Trim/Sea State, length) or would have produced earlier/consistent symptoms; end points require an intervening command; many settings could have been changed by crew | Court: The identified console settings are unlikely to have caused the hard-over; they are not persuasive causal explanations |
| Whether loose wires / spare cable in JD53 caused the malfunction | Loose terminal screws or cable contact in JD53 produced erratic/ delayed malfunction leading to collision | Expert testing and evidence show loose wiring in analog board would tend to return rudder to midships; causal link to hard-over is speculative; timing inconsistent with months of prior proper operation | Court: Even if JD53 wiring issues were possible, Penn did not prove they more likely than not caused the accident; delayed onset and lack of exclusion of operator error defeat causation |
| Products liability (strict liability) claim against Rhodes | Defective installation/product made autopilot unreasonably dangerous; failure in ordinary use permits inference of defect | Penn cannot rule out operator error; mere possibility of defect insufficient to establish causal link | Court: Products liability claim fails because Penn did not exclude operator error and failed to prove defect caused harm |
Key Cases Cited
- Canal Barge Co. v. Torco Oil Co., 220 F.3d 370 (5th Cir. 2000) (elements of maritime negligence)
- In re Great Lakes Dredge & Dock Co. LLC, 624 F.3d 201 (5th Cir. 2010) (maritime duty and negligence principles)
- Parfait v. Jahncke Serv., Inc., 484 F.2d 296 (5th Cir. 1973) (implied warranty of workmanlike performance in marine repair contracts)
- Todd Shipyards Corp. v. Turbine Serv., Inc., 467 F. Supp. 1257 (E.D. La. 1978) (service-provider warranty and tort principles)
- E. River S.S. Corp. v. Transamerica Delaval, Inc., 476 U.S. 858 (U.S. 1986) (products liability principles in admiralty)