H.R.M., Inc. v. S/V Venture VII

972 F. Supp. 92, 1998 A.M.C. 9, 1997 U.S. Dist. LEXIS 10655, 1997 WL 402391
CourtDistrict Court, D. Rhode Island
DecidedJuly 10, 1997
DocketC.A. No. 96-205B
StatusPublished
Cited by2 cases

This text of 972 F. Supp. 92 (H.R.M., Inc. v. S/V Venture VII) is published on Counsel Stack Legal Research, covering District Court, D. Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
H.R.M., Inc. v. S/V Venture VII, 972 F. Supp. 92, 1998 A.M.C. 9, 1997 U.S. Dist. LEXIS 10655, 1997 WL 402391 (D.R.I. 1997).

Opinion

OPINION

FRANCIS J. BOYLE, Senior District Judge.

Defendant and third-party plaintiff George Ford, (“Ford”) purchased a 53-foot Mason cutter-style sailing vessel in Maine in 1995. He named this vessel the Venture VII. Before he purchased the Venture VII, Ford had a marine surveyor, Clyde Eaton, appraise the vessel. Eaton opined that the value of the vessel was then $495,000. Ford purchased the Venture VII for an amount not in evidence, but alleged to be considerably lower than the $495,000 value Eaton estimated for the vessel.

Ford employed Sean Murphy to captain the Venture VII on pleasure cruises and ocean voyages to other ports, and provide other services including maintenance and repair of the vessel. Ford kept the Venture VII in Maine until the end of the summer 1995 sailing season, when Ford instructed Murphy to sail the Venture VII south, to a winter mooring that had been arranged for her in Annapolis, Maryland. Before making the trip south, Ford and Murphy had certain sails and other equipment removed from the Venture VII, in order to make her more seaworthy for an open-ocean voyage of the planned length. One stop the Venture VII was scheduled to make along the way' to Annapolis was in Newport, Rhode Island.

On September 10, 1995, the Venture VII arrived in Newport Harbor, with Murphy at the helm. He radioed the Newport Harbor facility of the New York Yacht Club, (NYYC), of which Ford is a member and where Ford had arranged for a mooring, for the Venture VII. Murphy was directed to the mooring the club had assigned to the Venture VII, mooring # 652. The Yacht Club had assigned the Venture VII to this mooring based on the length of the vessel because mooring # 652 was allegedly appropriate to secure sailing vessels of up to 65 feet in length.

Mooring # 652 is owned by Mr. Bart Dunbar, proprietor of Dunbar Yachts, Inc., (collectively, “Dunbar”), and is leased to NYYC for use as a mooring by members of the club and others on a transient rental basis. It is archored with a 750 pound mushroom-shaped weight on the harbor floor, with a line attached which connects the anchor to a buoy floating on the surface. Attached to the buoy was another line which Murphy used to secure the vessel. This line is called the “pennant” or “painter” line. At least part of the length of the line from the buoy to the boat was protected by “chafing gear,” a shroud of plastic or rubber surrounding the [94]*94line, intended to prevent sharp edges of the vessel from coming directly into contact with the line, and thus insure that rubbing or “chafing” on sharp edges will not wear through the fibers of the line, which might cause it ultimately to part.

Murphy tied the Venture VII to mooring # 652 using a line attached to the mooring buoy before his arrival and then used the club launch to get ashore. Murphy did not recall whether a second line was attached to the buoy, but testified that he used only one line to secure the Venture VII. Murphy also testified that he examined the line from the buoy and the chafing gear at the time he first used the line to secure the Venture VII, and each day thereafter until September 16th, and found both in acceptable condition each time. On September 16th, Murphy heard that a small storm was expected, and again checked the mooring line and chafing gear securing the Venture VII and again found them in acceptable condition. Neither at this time nor at any other did Murphy use any of the Venture VII’s chafing gear to supplement that provided with the mooring line or add a second line to the buoy. On September 17, Murphy left Newport by car on a day trip to Boston with another member of Ford’s crew.

The storm which blew through Narragansett Bay on September 17, 1995 was somewhat stronger than expected. Winds of 25 to 35 knots were reported, initially from the southwest, but shifting later to the north-northwest, with waves of between 2 and 6 feet, depending on the local conditions. It was a classic Nor’easter. During the course of the storm, the Newport Harbormaster was informed that several boats had broken free of their moorings and put out a radio bulletin to that effect. While investigating the effects of the storm, an assistant harbormaster saw the Venture VII, freed from its mooring, pass his boat and run aground on a rocky area of Bretton Cove. The assistant harbormaster initially considered attempting to remove the Venture VII from its predicament, but was immediately called away to another, more urgent matter involving other boats, reportedly with passengers aboard, which had broken free of their moorings during the storm.

Across Narragansett Bay, at his base in Wickford, R.I., John Andrews, owner of H.R.M, Inc., was standing watch. H.R.M is a Privately owned “quick-response” marine salvage and towing company which serves Narragansett Bay and Rhode Island Sound. Part of H.R.M.’s mission is to respond to situations in which vessels are in danger, in order to provide emergency relief services, known as “salvage.” Andrews has gone to some length and considerable expense to obtain vessels and equipment equal to the task of providing Salvage services in Narragansett Bay. Two of H.R.M.’s vessels, the Sale Sea and the Safe Sea/ Newport, have been specially designed and constructed for this particular use. Both vessels feature special fendering systems to prevent damage in ease of contact with other vessels and a “jet-drive” system, which provides exceptional power and control to the operator, but also allows these boats to be used in shallower water than boats equipped with standard keels and drive motors.

When John Andrews heard on the radio at approximately 7:15 p.m. that vessels had broken loose of their moorings in Newport Harbor, he immediately notified members of his staff to report to the H.R.M. facility to launch H.R.M boats and provide salvage service in Newport Harbor, if necessary. Captain Chris Anderson reported, within minutes and was underway on H.R.M.’s vessel Safe Sea/Newport immediately. Unbeknownst to Andrews, Anderson had brought his girlfriend along, although she was not employed by H.R.M. and did not take part in Anderson’s salvage activities that night. While Anderson was en route to Newport Harbor, Peter Andrews, John’s son and an employed of H.R.M., reported to H.R.M.’s Wickford facility and prepared to sortie H.R.M/s vessel Safe Sea. When John Andrews arrived, he and Peter Andrews set out for Newport Harbor, approximately 15 to 20 minutes behind Anderson.

Upon his arrival in the Bretton Cove area of Newport Harbor, Anderson noticed the Venture VII in a dangerous position, with her bow landward on the rocks along the [95]*95shore. The waves crashing against the shore at the point where the Venture VII was aground would lift the boat off the rocks only to drop her against them again when the waves receded. Winds in the area were reported in the 25 to 35 knot range, out of the north-northwest, and 3 to 5 foot seas resulted during the height of the storm. The Venture VII had been moored and was stranded in an area open to the north, and therefore no land or breakwater provided shelter from the weather.

Anderson approached the Venture VII and assessed her situation for several minutes while he formulated a strategy to pull the vessel off the rocks. Ultimately, Anderson was able to maneuver his boat, the Safe Sea/Newport, into a position close to the Venture VII and from there was able to loop a line around a winch on the Venture VII’s stern. He then secured this line to the Safe Sea/Newport and pulled away a safe distance, paying out line between the vessels.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Joseph v. J.P. Yachts, LLC
436 F. Supp. 2d 254 (D. Massachusetts, 2006)
New Bedford Marine Rescue, Inc. v. Cape Jeweler's Inc.
240 F. Supp. 2d 101 (D. Massachusetts, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
972 F. Supp. 92, 1998 A.M.C. 9, 1997 U.S. Dist. LEXIS 10655, 1997 WL 402391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hrm-inc-v-sv-venture-vii-rid-1997.