Great American Insurance v. Pride

847 F. Supp. 2d 191, 2012 A.M.C. 1872, 2012 WL 913253, 2012 U.S. Dist. LEXIS 35907
CourtDistrict Court, D. Maine
DecidedMarch 16, 2012
DocketNo. 2:10-cv-00294-GZS
StatusPublished
Cited by6 cases

This text of 847 F. Supp. 2d 191 (Great American Insurance v. Pride) is published on Counsel Stack Legal Research, covering District Court, D. Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Great American Insurance v. Pride, 847 F. Supp. 2d 191, 2012 A.M.C. 1872, 2012 WL 913253, 2012 U.S. Dist. LEXIS 35907 (D. Me. 2012).

Opinion

FINDINGS OF FACT AND CONCLUSIONS OF LAW

GEORGE Z. SINGAL, District Judge.

This admiralty action arises from the onboard fire and sinking of the F/V KIMBERLY MARIE on July 12, 2008. Plaintiffs Kenneth Johnson, the vessel’s owner, and Great American Insurance Company, the vessel’s insurer, claim that the fire and sinking were caused by the negligence and breach of the implied warranty of workmanlike performance of Defendants Stuart Caldwell and John Pride, the vessel’s electrician and mechanic. The Court held a bench trial on October 11-13, 2011, at which it received documentary evidence and witness testimony. The bench trial transcript was filed on November 10, 2011 (Docket # s 72-74, 77).1 The parties filed Proposed Findings of Fact and Conclusions of Law (Docket # s 78, 80, 83) and Posh-Trial Briefs (Docket # s 79, 81, 82) on December 9, 2011. In accordance with Federal Rule of Civil Procedure 52, the Court has reviewed all of the evidence presented and now FINDS for Defendants. Specifically, the Court makes the following findings of fact and conclusions of law:

I. FINDINGS OF FACT

The Parties and Witnesses

1. Plaintiff Kenneth Johnson (“Plaintiff’ or “Johnson”) is a resident of Harps-well, Maine. Johnson has worked on lobster boats for over thirty years. In 2004, Johnson bought his fourth lobster boat,2 a forty-four foot, eleven inch Dixon, for $172,000. He named it the KIMBERLY [196]*196MARIE after his wife. Johnson fished primarily out of Cundy’s Harbor, Maine.

2. Plaintiff Great American Insurance Company (“Great American”) is a corporation with headquarters in Cincinnati, Ohio. Great American insured the KIMBERLY MARIE and, after its sinking, paid the proceeds of the $174,000 insurance policy to Johnson.

3. Defendant John Pride, owner of Defendant John B. Pride, Inc., a/k/a John Pride, Inc. (hereinafter “Pride”), is a resident of the State of Maine and a diesel mechanic. Pride has been a diesel engine mechanic for approximately thirty years, and he has worked on the engines of hundreds of commercial lobster fishing vessels. Pride has experience working on the engine at issue in this case, the Caterpillar 3406-E, and he worked on the KIMBERLY MARIE several times before the events involved in this case.

4. Defendant Stuart Caldwell, owner of Defendant Caldwell Marine Electronics, Inc. (hereinafter, “Caldwell”), is a resident of Orr’s Island, Maine. Caldwell is a self-employed marine electrician, and has been a marine electrician for approximately twenty-five years. During his career, Caldwell has worked as an electrician on numerous lobster boats and on ships for the United States Navy and Coast Guard. Despite his experience, Caldwell does not hold an electrician’s license and he does not have any electrician certifications. Caldwell and Johnson have known each other for more than twenty years. Prior to the incident at issue, Caldwell had worked as an electrician on the KIMBERLY MARIE several times. Caldwell’s work included the installation of all the electrical equipment onboard the KIMBERLY MARIE. Prior to working on the KIMBERLY MARIE, Caldwell worked on several of Johnson’s other lobster boats. After the KIMBERLY MARIE sank, Johnson hired Caldwell to rewire the boat that Johnson purchased to replace the KIMBERLY MARIE.

5. Kimberly Johnson testified at trial. She was married to Plaintiff Kenneth Johnson in the years leading up to and during the events at issue in this case.

6. William Hartley testified at trial. Hartley is a marine and industrial diesel engine mechanic who has worked on numerous lobster boats during his career. He occasionally works with Defendant Pride as a subcontractor.

7. William Brindamour testified as an expert on behalf of Plaintiff Great American. Brindamour is an accredited marine surveyor, accredited by the Society of Accredited Marine Surveyors. In his capacity as a marine surveyor, Brindamour inspects boats to determine condition, suitability for intended use and purpose, and value.

8. David DuBois testified as an expert on behalf of Plaintiff Great American. DuBois served in the U.S. Coast Guard from 1969 until 1980, which included two tours of duty in the Marine Inspection Office. Upon leaving active duty in 1980, DuBois founded Marine Safety Consultants, Inc., which conducts condition and value surveys of boats and ships and investigates accidents involving boats and ships and marine facilities and injuries aboard vessels. DuBois still works for this company. DuBois has experience investigating matters involving fires and sinking of vessels as well as marine electrical matters.

9. James Cominskey testified as an expert on behalf of Defendants. Cominskey is an instructor at The Landing School of Boat Building and Design, a post-secondary school providing training in yacht design, small craft design, building with composite materials, building with wood, and installing and servicing systems onboard [197]*197boats. Cominsky teaches a course dealing with structures on boats and a second course dealing with the systems and the installation of systems on boats, including the plumbing systems, electrical systems, and engine support systems, which include fuel, water, and oil systems.

10. Roger Hellyar-Brook testified as an expert on behalf of Defendants. Hellyar-Brook has been an instructor at The Landing School since 1998. He teaches a course dealing exclusively with systems onboard boats. The course covers electrical, diesel, propulsion, air conditioning, and refrigeration systems.

The F/V KIMBERLY MARIE

11. In 2004, Johnson purchased the KIMBERLY MARIE in used condition from an owner in Canada. The KIMBERLY MARIE came with a Caterpillar 3406-E diesel engine equipped with an electronic computer module (“ECM”).

12. In general, the ECM on a 3406-E monitors the engine’s performance and fuel flow and sends signals — via fault codes — to the wheelhouse if the engine is not performing properly. For example, the ECM is designed to provide an alert to the wheelhouse if there is a drop in the fuel pressure of the engine.

13. . The ECM on the KIMBERLY MARIE was mounted on the aft port side of the engine and was comprised of a plate cooler and a computer — or control module — separated by the exterior wall of the plate cooler. Wires sending signals to and from the ECM traveled through.plugs connected to the ECM. The plugs themselves were covered by a rubber boot, which served as a protective shield over the plugs to keep them clean and dry. The ECM itself was cooled by a fuel cooling system whereby fuel oil passed through the ECM and carried away the heat generated by the electronics on the ECM. A pump on the engine sucked the fuel out of the fuel tank, through the ECM, and throughout the rest of the fuel system on the engine. The fuel was segregated from the circuitry of the ECM by various seals and plates, including gaskets, which are commonly called O-ring seals.

14. Soon after purchasing the KIMBERLY MARIE, Johnson purchased additional equipment to outfit the boat, including a new generator, a new life raft, survival suits, flares, a carbon monoxide alarm system, an emergency beacon, and new electronics.

15. When Johnson purchased the KIMBERLY MARIE in 2004, the engine already had approximately 9,500 hours of use on it.

16.

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847 F. Supp. 2d 191, 2012 A.M.C. 1872, 2012 WL 913253, 2012 U.S. Dist. LEXIS 35907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/great-american-insurance-v-pride-med-2012.