Fishbones, Inc. v. Southern Boat Service of La., Inc.

849 So. 2d 803, 2002 La.App. 4 Cir. 2368, 2003 A.M.C. 2101, 2003 La. App. LEXIS 1763, 2003 WL 21363397
CourtLouisiana Court of Appeal
DecidedJune 4, 2003
DocketNo. 2002-CA-2368
StatusPublished
Cited by1 cases

This text of 849 So. 2d 803 (Fishbones, Inc. v. Southern Boat Service of La., Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fishbones, Inc. v. Southern Boat Service of La., Inc., 849 So. 2d 803, 2002 La.App. 4 Cir. 2368, 2003 A.M.C. 2101, 2003 La. App. LEXIS 1763, 2003 WL 21363397 (La. Ct. App. 2003).

Opinion

DAVID S. GORBATY, Judge.

Fishbones, Inc., appeals a judgment wherein the trial court awarded damages of $275,000, plus pre-judgment interest from the date of the incident, and costs for the loss of the vessel, MW DISCOVERY, after it was destroyed while being towed by a vessel owned by Southern Boat Service of Louisiana, Inc. Fishbones, Inc., alleges trial court error for not awarding damages for the destruction of Fishbones, Inc.’s business, and for awarding too little in compensation for the loss of the vessel. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY:

Plaintiff/appellant is Fishbones, Inc. (hereinafter Fishbones), a corporation organized by James Ingram. Mr. Ingram, on behalf of Fishbones, purchased the M/V DISCOVERY and converted it to a “floating hotel” for the purpose of hiring the boat out to sport fishermen. Defendant Southern Boat Service of Louisiana, Inc. (hereinafter Southern Boat), was hired to tow the M/V DISCOVERY from Venice, Louisiana, to Breton Island.

LThe parties stipulated to the following facts prior to trial, and the trial court accepted the stipulations, making them part of the findings of fact:

1. On or about May 5, 2001 1, Southern Boat, and its owner/operator, Mr. John Bonvillian, with the M/V ST. JOHN tug boat, undertook a contract of towing the M/V DISCOVERY, owned and operated by plaintiff, Fishbones, a Louisiana corporation.

2. The contract of towage began at Venice, Louisiana, in Plaquemines Parish.

3. During the tow the M/V ST. JOHN beached the M/V DISCOVERY on the windward side of Breton Island where the M/V DISCOVERY was sunk and destroyed by wave action from the Gulf of Mexico.

4. At the time of the towage, beaching and destruction of the M/V DISCOVERY, the defendant, Southern Boat had in full force and effect a policy of liability insurance with defendant Great American Insurance Company, which insured Southern Boat for the type of negligence and damages complained of by plaintiff in this case, which certified copy of said insurance policy is the best evidence of its terms and conditions.

5. As a result of the destruction of the M/V DISCOVERY, Fishbones filed a law[806]*806suit against Southern Boat and Great American Insurance Company in the 25th Judicial District Court for the Parish of Plaquemines, State of Louisiana.

6. Southern Boat and Great American Insurance Company stipulated to liability regarding the damages to Fishbones as a result of the defendants’ conduct. Therefore, the only issue to be tried and decided at trial was the amount of damages.

7. Plaintiff and defendants stipulated prior to trial that the cost of salvaging the remains of the M/V DISCOVERY was $30,000.00.

8. Plaintiff and defendants stipulated prior to trial that the value of the companion boats lost was $19,372.00.

9. Southern Boat was licensed to do and doing business in Plaquemines Parish on or about May 5, 2001, and at the time this lawsuit was filed.

10. Southern Boat had its principal place of business in Plaquemines Parish, on or about May 5, 2001, and at the time this lawsuit was filed.

According to the further findings of fact by the trial court, during the tow the weather changed drastically and the seas became rough. Because of the rough seas, the M/V DISCOVERY became beached on the windward side of Breton Island. During the recovery attempt, the M/V ST. JOHN incurred a hole in her hull, requiring Mr. Bonvillian, the captain, to abort his attempts to rescue the M/V DISCOVERY. The M/V DISCOVERY subsequently sank and broke up.

Because the parties stipulated to liability, the only issue to be decided by the trial court was the damages incurred by Fish-bones as a result of Southern Boat’s negligence.

|4DISCUSSION:

Fishbones assigns as error the trial court’s failure to award it damages for the total destruction of its business as a result of the loss of the business’s only vessel. The trial court awarded Fishbones replacement value and value of contents for the total destruction of its vessel, the M/V DISCOVERY. Fishbones argues that total destruction of business is a type of damage distinct from lost profits, which it admits is not recoverable under general maritime law. Fishbones contends, however, that the situation herein is unique because its entire business was so inextricably linked to its one vessel, that the destruction of that vessel destroyed the entire business. Thus, because total destruction of business is not the same type of damage as lost profits, and, because general maritime law does not address recovery of this type of damage, the trial court erred in not looking to Louisiana state law for guidance.

Specifically, Fishbones claims that the trial court erred as a matter of law because jurisprudence provides that if there are no specific provisions under general maritime law to address a particular type of damage, a state trial court may consider Louisiana law. Citing Green v. Industrial Helicopters, Inc., 593 So.2d 634 (La.1992), Fishbones argues “a Louisiana court should respect Louisiana law unless there is some federal impediment to application of that law contained in federal legislation or a clearly applicable rule in the general maritime law.” Id. at 638. Fishbones contends that there exists no such impediment or contrary general maritime rule. Applying a three-step inquiry established by the Louisiana Supreme Court in Green, supra at 639, Fishbones argues that there is no congressional pronouncement precluding an award for total business destruction. Further, although Fish-[807]*807bones acknowledges that general maritime law is clear on what type of damages are available with respect to total loss of a vessel, it argues that federal law does not provide guidance with regard to damages for total loss of a business. In other words, Fishbones argues that “total destruction of business” is not one of the types of damages encompassed by the total loss of a vessel rule. Last, Fishbones acknowledges that the need for uniformity in general maritime law normally bars the application of state law, but argues that courts frequently supplement general maritime law with state law when the state law provides additional tort remedies not available under federal law. Citing Green, supra at 642.

Southern Boat counters that state law does not apply to the facts of this case because federal maritime law clearly provides that consequential damages such as loss of use or lost profits are not available when the vessel is deemed a total loss. The reasoning behind this rule is that “the owner is made whole by receiving the value of the boat at the time of loss and interest compensates the owner’s time value of money.” King Fisher Marine Serv., Inc. v. NP Sunbonnet, 724 F.2d 1181, 1187 (5th Cir.1984). Southern Boat argues that Fishbones’ attempt to distinguish its business destruction claim from a claim for loss of use of the vessel is meritless. The destruction of business claim is damage consequential to the loss of the vessel, hand consequential damages are not available when the vessel is deemed a total loss.

According to maritime law, when a vessel is damaged in a maritime casualty, the amount of recovery depends on whether it is deemed a total loss or whether its partial damage can be economically repaired.

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849 So. 2d 803, 2002 La.App. 4 Cir. 2368, 2003 A.M.C. 2101, 2003 La. App. LEXIS 1763, 2003 WL 21363397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fishbones-inc-v-southern-boat-service-of-la-inc-lactapp-2003.