Independent Bulk Transport, Inc. v. The Vessel "Morania Abaco"

676 F.2d 23, 1982 A.M.C. 1535
Court of Appeals for the Second Circuit·Decided March 26, 1982·No. No. 562, Docket 81-7593·Published·Cited by 19 cases

Opinions

OAKES, Circuit Judge:

Independent Bulk Transport, Inc. (Independent), appeals from a judgment rendered in its favor by the United States District Court for the Southern District of New York, Gerard L. Goettel, Judge, for damages occurring when six of its moored vessels were rammed by Morania Tarpon, Inc.’s vessel “Morania Abaco.” The appeal relates to Judge Goettel’s award of prejudgment interest at a rate of 12% calculated from the date of payment for repairs, after holding that he lacked discretion to award interest from an earlier date, and that no prejudgment interest could be allowed as to those vessels as to which the [25] date of repairs was not proved. Independent argues that interest should be calculated from the time the collision occurred and should be fixed at the interest rates at which appellants actually borrowed to pay for the repairs, which varied from 13% to 19% during the period in question, May 1, 1978, to January 15, 1980. In light of our holding that the district court has discretion to determine when prejudgment interest begins, we reverse and remand for the district court, exercising its discretion, to determine the date from which interest should accrue here. We affirm, however, the court’s use of the 12% rate.

The diminution in value of a damaged vessel generally is calculated by reference to cost of repairs plus “demurrage,” which is profits lost while repairs are being made. See Demetrius Maritime Co. v. S/T “Connecticut”, 463 F.Supp. 1108, 1109 (S.D.N.Y.1979) (Lumbard, J.); Gilmore & Black, The Law of Admiralty 526 (2d ed. 1975). In this case, plaintiffs’ damages were limited to the cost of repairs because they were unable to prove demurrage. In addition, the district court, relying on the magistrate’s recommendations, and believing its discretion limited, awarded prejudgment interest commencing only from the time plaintiffs paid for repairs, and then only with respect to the few repairs for which plaintiffs were able to establish a precise date of payment.

Although it is an abuse of discretion to deny prejudgment interest in admiralty cases except under extraordinary circumstances, see Mitsui & Co. v. American Export Lines, Inc., 636 F.2d 807, 823 (2d Cir. 1981), the district court has broader discretion to determine when interest commences and what rate of interest to apply. See The Hygrade No. 24 v. The Dynamic, 233 F.2d 444, 448 (2d Cir. 1956). In this case, the district court did not exercise discretion, but applied “[t]he rule . . . that prejudgment interest is awarded from the time of payment of repairs.” Because this circuit’s cases do not actually establish such an ironclad rule, however, the case must be reversed and the cause remanded for an award consistent with the district court’s broader discretionary authority. See O’Donnell Transportation Co. v. City of New York, 215 F.2d 92, 94 (2d Cir. 1954).

The district court’s broad discretion over awards of prejudgment interest in admiralty extends to its determination of when interest begins. Prejudgment interest has often been awarded from the time of injury. See, e.g., Schroeder v. Tug Montauk, 358 F.2d 485 (2d Cir. 1966) (upholding award of prejudgment interest from the date of collision of vessels); Petition of the City of New York, 332 F.2d 1006 (2d Cir. 1964) (same). Cf. The Wright, 109 F.2d 699, 702 (2d Cir. 1940) (“the award of interest in admiralty is a matter of the court’s discretion. But the cases show that this is a legal discretion, and the award is to be made whenever damages lawfully due are withheld, unless there are exceptional circumstances to justify the refusal” (emphasis added and citations omitted)); Van Nievelt Goudriaan Co’s Stoomvart Maatschappij v. Cargo & Tankship Management Corp., 421 F.2d 1183 (2d Cir. 1970) (reversing denial of prejudgment interest). We have also upheld the district court’s discretion to award prejudgment interest from a date after the suit commenced, see, e.g., Lekas & Drivas, Inc. v. Goulandris, 306 F.2d 426 (2d Cir. 1962); cf. Rosenthal v. Poland, 337 F.Supp. 1161 (S.D.N.Y.1972) (prejudgment interest awarded from the date the complaint was filed), or to deny prejudgment interest under appropriate circumstances, see, e.g., Afran Transport Co. v. The Bergechief, 285 F.2d 119 (2d Cir. 1960); O’Donnell Transportation Co. v. City of New York.

As the district court correctly recognized, its discretion is somewhat circumscribed in certain cases involving tort damages. The Hygrade No. 24 establishes that prejudgment interest may not accrue before payment for repairs when damages include demurrage in addition to the cost of repairs:

Interest on damages from the date of the collision is frequently allowed where the vessel is lost, rather than merely dam[26] aged. But where the vessel is a total loss, its owner may not recover demur-rage, and unless allowed interest from the time of the collision there will be some period during which he will have been deprived of the use of his vessel or her money equivalent without compensation. But to grant both demurrage, which theoretically includes the owner’s return on his risk capital, and interest on the owner’s outlay for repairs before the outlay is made, is to put the owner in a better position than he would have been but for the collision. Hence where the vessel is damaged, rather than lost, and the owner may therefore recover damages for detention, interest on repairs generally commences on the date of disbursement.

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

Independent Bulk Transport, Inc. v. The Vessel "Morania Abaco", 676 F.2d 23, 1982 A.M.C. 1535 (2d Cir. 1982).

676 F.2d 23 (Independent Bulk Transport, Inc. v. The Vessel "Morania Abaco") — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Winn v. Dzurenda
D. Nevada, 2020
Mentor Insurance v. Brannkasse
996 F.2d 506 (Second Circuit, 1993)
Mentor Insurance Company v. Brannkasse
996 F.2d 506 (Second Circuit, 1993)
Standard Marine Towing Services, Inc. v. M.T. Dua Mar
708 F. Supp. 562 (S.D. New York, 1989)
International Harvester Co. v. TFL JEFFERSON
695 F. Supp. 735 (S.D. New York, 1988)
Ingersoll Milling MacHine Co. v. M/V Bodena
619 F. Supp. 493 (S.D. New York, 1985)
Armada Supply, Inc. v. S/T AGIOS NIKOLAS
613 F. Supp. 1459 (S.D. New York, 1985)
City of Boston v. SS Texaco Texas
599 F. Supp. 1132 (D. Massachusetts, 1984)
Granholm v. TFL Express
576 F. Supp. 435 (S.D. New York, 1984)
Spencer Kellogg, Etc. v. Ss Mormacsea
538 F. Supp. 230 (S.D. New York, 1982)