Facts

On Jan. 30, 2005, the Tug Michael Uhl, a tow boat, was towing the Albion, a 62-foot Defever Trawler owned by Alan Carpenter and Tracy Ragsdale. The boat sank while being towed off the coast of Monterrey. Carpenter and Ragsdale sued Frank Loving, the tow's captain, alleging that he wrongfully hired Blaine Hughes as a replacement for his job. Further, they sued the Michael Uhl, Maritime Logistics, Loving and Hughes for maritime torts, breach of warranty, and breach of contract.

PLAINTIFFS' CONTENTIONS:
The plaintiffs claimed that the boat sank due to the port propeller shaft backing out of a stuffing box, which allowed flooding through the shaft log area. In addition, they alleged that the defendants breached their duty to prepare the boat for towing, provide a proper lookout, "dog" or lock the boat's propeller drive shafts, and ensure that the tug would be ready for emergencies.

DEFENDANTS' CONTENTIONS:
The defendants counterclaimed, asserting that the plaintiffs breached a towage agreement. Further, they argued that the plaintiffs failed to exercise due diligence to make the boat seaworthy and did not disclose defects in the boat. Defendants alleged that the boat sank because it struck a submerged object.

According to defense counsel: Plaintiffs were fully reimbursed by their insurance company for the losses they sustained and were not out of pocket for anything. They pursued the action because they received an assignment from their insurance company after filing a bad faith claim against it.

Damages

The plaintiffs claimed $170,000 for the value of the vessel and $215,631 for the costs of raising the vessel. The defense valued the boat as between $40,000 and $60,000.

Result

The court awarded plaintiffs $591,539 on their claims and found against defendants on their counterclaim.

Other Information

According to defense counsel: The court held plaintiffs' 40-year-old wooden vessel, was worth $88,000. The plaintiffs recovered twice that amount from their own insurance company and the trial judge entered judgment against defendant for that amount again. Thus, the plaintiffs will be recovering three times for the same lost boat. Plaintiffs' motion for attorney fees in the amount of $414,000 is pending. The case is being appealed.