Kellogg v. United States

801 F. Supp. 1445, 1991 U.S. Dist. LEXIS 8895, 1991 WL 407147
CourtDistrict Court, E.D. Pennsylvania
DecidedJune 28, 1991
DocketCiv. A. No. 89-7385
StatusPublished

This text of 801 F. Supp. 1445 (Kellogg v. United States) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kellogg v. United States, 801 F. Supp. 1445, 1991 U.S. Dist. LEXIS 8895, 1991 WL 407147 (E.D. Pa. 1991).

Opinion

DECISION AND ORDER

BECHTLE, Chief Judge.

INTRODUCTION

Plaintiff, Carlos Kellogg, brought a seaman’s personal injury action against the United States for injuries sustained when a line struck and seriously injured his left hand during a buoy retrieval operation while on board the U.S.N.S. Bartlett. After a non-jury trial, the court makes the following findings of fact and conclusions of law:

FINDINGS OF FACT

1. The U.S.N.S. Bartlett (“Bartlett”) is an oceanographic research vessel owned by the United States of America. The Bartlett is 208 feet long, and weighs 1,143 gross tons. The Bartlett is a public vessel and is used by various research organizations, both public and private, to perform government research.

2. During all relevant times, LSC Marine, Inc. (“LSC”) operated the Bartlett pursuant to a contract with the Navy Department’s Military Sealift Command (“MSC”). LSC, as the government’s operating agent, was responsible to man, supply, and navigate the Bartlett for the Naval Oceanographic Office (“Navo”) [sometimes referred to as “sponsor”].

3. Plaintiff, Carlos Kellogg, is a 48 year old Kansas resident. Kellogg received his master’s license in 1980. He is an unlimited master sail with steam and motorboat endorsements. On September 7, 1987, he began work for LSC marine as chief mate on the Bartlett.

4. Navo engaged the Bartlett to conduct “surveys” or “missions” off the coast of Virginia. These missions involved deployment and retrieval of scientific instruments over the side of the vessel.

5. The research was conducted by Navo personnel. The ship carried a crew of 28, including officers, who operated the ship at the direction of MSC and Navo.

6. Before each mission, a pre-sail conference is held. The pre-sail conference is attended by representatives of the sponsor, the ship’s master, and usually other ship’s personnel, such as the chief mate, engineer, and chief steward.

7. During the pre-sail conference, the sponsor and the ship’s crew discuss the upcoming mission, in order to coordinate the requirements of the mission, such as, for example, the itinerary and duration of the voyage, hours of operation, and a description of the objects that are going to be deployed.

8. The chief mate is the ship’s safety officer. He has the overall responsibility for the safety of deployments and the safe use of all equipment. The chief mate must determine whether the equipment is adequate for stowage, and whether it is properly rigged for the intended operation.

9. The chief mate participates in the pre-sail conference to the extent that the [1447]*1447planning involves deck operations. Adjunct to the pre-sail conference, the chief mate is required to meet with sponsor personnel in order to plan and discuss each person’s responsibilities during the mission.

10. The chief mate’s authority extends to the sponsor personnel as well as to sponsor equipment. If the chief mate believes a certain piece of equipment is unsafe, it is incumbent upon him to take necessary action to make it safe. He has complete authority with respect to the direction of operations and may call any operation to a halt.

11. The Bartlett’s boatswain, William Anderson, described the safety officer’s job as follows:

A safety officer is an extra pair of eyes. He usually stands around in a higher point or an area of the deck where he can observe everything that is going on. His job is to overlook the whole operation and, if he sees anything that he does not feel is right or feels like there is something about to go wrong, he is to put a stop to the whole operation until it is corrected so nobody may get hurt.

(10/30/90 N.T. 181).

12. On November 18, 1987, a group from Navo joined the Bartlett at Moore-head City, North Carolina, for a 10-day mission to be conducted in an area about 75 miles off the coast of Virginia.

13. Captain Wasson, senior Navo representative James Turcotte, Navo rigger Mike Neill, and William Anderson attended an initial pre-sail conference. The basic goals of the mission were outlined during this conference. Kellogg, Neill, and Anderson attended a second pre-sail conference where specific aspects of the mission were discussed in detail.

14. At the second pre-sail meeting, Kellogg ordered Neill to direct and coordinate all sponsor deck operations. Although Kellogg did not limit Neill’s authority, Kellogg remained ultimately responsible for deck operations.

15. On November 23, 1987, a navigation reference buoy was deployed. The buoy was designed and built by Neill. Its body was made of fiberglass and was roughly the size and shape of a 55-gallon drum. A reflector on top served as a navigation reference point. The buoy’s underside was counterbalanced to keep it upright. It had a mooring line leading from the underside to a scrap chain anchor, designed to keep the buoy on station.

16. The buoy was fitted with a 50-foot “tag line” made of one-quarter inch polypropylene. The tag line provided a target for grappling the buoy at sea, and as means for drawing the buoy to the vessel. The end of the tag line had a small marker float that drew the line out to its full length, thereby presenting a better target.

17. To prepare for the buoy’s recovery, a “retrieval line” was led off the stern, outboard of the starboard rail. It was fitted with a wide-throat snap hook for quick attachment to the float at the end of the tag line. The other end of the retrieval line led through a small snatch block and then over to the starboard capstan. A snatch block is a device that acts as an enclosed “pulley.” It is built to withstand the weight and pressure of the line that is being passed through it. A capstan is a winch-like device which could supply motive power for hauling in the retrieval line.

18. The snatch block was attached to the base of the horizontal meter block — a permanent deck fixture roughly 30 feet forward of the stern and on the centerline. The snatch block was a “fairlead,” getting the line over to the starboard capstan and around obstacles on deck. It also kept the retrieval line low to the deck so that it would be taken up properly on the capstan drum.

19. Because the tag line was longer than the distance between the snatch block and the stern, the buoy could not be drawn to the ship in a single reach using the retrieval line. Once the buoy was close to the ship, a “lift line” suspended from the stern U-frame was attached to a lifting fitting on the buoy, and the buoy was hoisted onto the deck of the ship.

20. A U-frame is a “U” shaped object that is attached to the deck of the ship. The U-frame can be raised and lowered [1448]*1448from an upright position to a horizontal position in order to raise and/or lower objects that are retrieved and deployed from the ship. Both the retrieval line and the lift line were made of 9/16-inch double braided nylon.

21. Had the tag line only been as long as the distance between the meter block and the stern, the buoy could have been pulled to the vessel in a single reach. A shorter tag line, however, would have created difficulties in other aspects of the operation.

22. Since the tag line had to serve as a grappling target, the longer it was the better the chances it could be grappled in one pass.

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Novick v. United States
324 F. Supp. 1138 (E.D. Pennsylvania, 1971)

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Bluebook (online)
801 F. Supp. 1445, 1991 U.S. Dist. LEXIS 8895, 1991 WL 407147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kellogg-v-united-states-paed-1991.