In the Matter of the Complaint of Catalina Channel Express, Inc., a California corporation, as Owner, or Owner Pro Hac Vice, of that Certain Unidentified 100 foot Vessel, for Exoneration from or Limitation of Liability
Published: Aug. 28, 1999 | Result Date: Jun. 22, 1999 | Filing Date: Jan. 1, 1900 |Case number: CV951033RMT Bench Decision – $0
Judge
Court
USDC Central
Attorneys
Plaintiff
Experts
Plaintiff
Donald Brandmeyer
(technical)
Defendant
Paul J. Glasgow
(technical)
Jack Guest
(technical)
David Skelly
(technical)
Facts
On the evening of Sept. 4, 1994, nineteen people, including decedent Adam Romero, 2, his parents, claimants Anthony Romero and Elena Campos-Romero, and his siblings, Crystal Romero, Julia Romero, Carolina Romero and Anthony Alexander Romero, were aboard the Romeros' 24-foot pleasure boat. Also aboard were claimants Rafael Pacheco, Karen Pacheco, Briana Foote, Brendan Foote, Kimberly Pacheco, Ashley Pacheco Hillary Pacheco and Nicholas Pacheco. They were drift-fishing in the Los Angeles pilot area, approximately one to one-and-one-half miles offshore from the entrance to the Los Angeles Harbor, in close proximity to bell buoy A-1. The claimants claimed that while they were drift-fishing, the Islander Express, an 88.7-foot 99-ton vessel owned by plaintiff-in-limitation Catalina Express Inc., exited the harbor through the main channel and proceeded at a speed of 25 knots into the restricted pilot area. The Romero's boat capsized, throwing all passengers into the ocean. Everyone survived except the 2-year-old decedent, who drowned. The claimants filed a claim against Catalina Express Inc. Plaintiff-in-limitation Catalina Express Inc. initiated this action for exoneration from or limitation of liability under 46 U.S.C. º 181 et seq.
Settlement Discussions
The claimants made a settlement demand for $3 million. The plaintiff-in-limitation made no settlement offer.
Specials in Evidence
$____________ (total, all claimants) $_____________ (total, all claimants)
Injuries
The Romero claimants suffered the death of a 2-year-old son/brother. The Pacheco claimants suffered injuries from exposure, as well as emotional distress. The Romeros and Pacheco clung to their overturned vessel in the dark for 4+ hours before they were repcued.
Result
PLEASE PROVIDE THE CITY OF LOCALE OF EXPERTS: Archie Johnston _____________, Jack Guest ______________, Dave Skelly ______________
Other Information
The decision was reached approximately four years and four months after the initial claim was made, and four years and four months after the plaintiff-in-limitation filed the action. After finding that the Islander Express was not subject to the 12-mile-per-hour speed limit, due to its smaller size, the judge found that the claimants had failed to prove that the vessel breached its duty of reasonable care, and therefore was not negligent when it proceeded through the pilot area. Catalina Express was awarded exoneration from liability.
Length
seven days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390