Royal Insurance Company Of America v. Cineraria Shipping Company

894 F.Supp. 1557 (1995)

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Nature of the Case

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Facts

The M/V KALLIOPI II came into the Tampa Bay port under pilotage to load a shipment of scrap iron cargo bound for Korea. The loading of the cargo was completed and shortly thereafter, the crew prepared the vessel for sailing. Captain George McDonald, a Tampa Bay pilot, boarded the vessel and instructed the crew to secure the Tug ORANGE on the port bow and the Tug TAMPA on the port quarter. The crew complied with Captain McDonald's instructions. The vessel dropped her lines, and the two tugs backed the vessel out of her slip into the Channel. Not using the ship's engines until 2159 hours in an attempt to line the vessel up with the channel, the Captain ordered 'slow ahead' and then ordered the helm 'hard to starboard.' Until this point, all movement of the vessel was controlled by the Tug TAMPA and the Tug ORANGE. The master noticed that the rudder angle indicator did not match the helm order. He thus switched the steering gear motors on the bridge and thereafter observed problems in getting the helm orders to synchronize with the rudder indicator. The chief engineer and second officer discovered that the steering gear machinery was damaged. Rudder damage was apparently caused by the pilot backing the vessel too far and striking the western bank of the Channel with the rudder. Upon the master's determination that the M/V KALLIOPI II could not proceed on her own, the vessel was returned to berth 223 with tug assistance for further inspection. Disabling damage to the rudder stock occurred. The vessel had remained within the Tampa port with tug services readily available. There was no danger of entry of seawater into the vessel as a consequence of the incident. No distress calls were made by the vessel during the incident. Seas were calm with winds of Beaufort force 3 at departure and diminishing to force 1 upon the vessel's return to berth. D declared general average. The M/V KALLIOPI II could not be repaired with all of the cargo onboard. A portion of the cargo was therefore discharged, placed on the dock, and then reloaded after the repairs were completed. After repairs were performed at the Tampa shipyard, and thereafter the cargo was reloaded, and the vessel completed its voyage delivering the cargo to its destination. All of the cargo interests were required to post security for the general average claim. A general average statement was thus prepared setting forth both the general average and particular average items. P's contribution to general average would be $108,744.02. P posted the requisite security but contends that this is not a general average act and thus, contribution is not due on their part. P filed this action for declaratory relief.