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Buccina v. Grimsby
Citation: 337 F. Supp. 3d 725Docket: Case No. 3:14CV2434
Court: District Court, N.D. Ohio; February 7, 2016; Federal District Court
The case involves a plaintiff who claims injuries sustained when the defendant's pleasure boat hit a wake in choppy waters on the Maumee River, Ohio. As the trial approaches on February 16, 2016, the court is addressing several motions in limine, particularly one concerning the burden of proving proximate cause. The judge acknowledges that the application of the Inland Navigation Rules (33 C.F.R. 8301 et seq.) is not as straightforward as the plaintiff argues, but agrees that these rules should apply to the incident rather than being limited to vessel-on-vessel collisions. The judge determines that the term 'collision' under the Inland Navigation Rules pertains specifically to accidents involving multiple vessels. In this case, the judge concludes that since the accident involved only one boat, no 'collision' occurred. This designation places the case within the court's admiralty jurisdiction, necessitating the application of substantive maritime law. To establish negligence under maritime law, the plaintiff must demonstrate that the defendant had a duty, breached that duty, and that this breach directly and proximately caused the plaintiff's injuries. The judge emphasizes that negligence is defined as the failure to exercise reasonable care. The Inland Navigation Rules apply broadly to all vessels in U.S. inland waters, and Rule 6 specifically addresses safe speeds for vessels. The distinction between 'allisions' (a moving vessel striking a stationary object) and 'collisions' (two moving vessels striking each other) is also highlighted, with reference to relevant case law. The judge notes that the drafting of Rules 6 and 8 suggests that 'collision' is meant to pertain to vessel-to-vessel contact, not to incidents arising from navigating rough water. Therefore, the court maintains that the circumstances surrounding the plaintiff's ejection from the boat do not constitute a 'collision' under maritime law, impacting the burden of proof regarding causation. Alteration of course may effectively prevent close-quarters situations if executed timely and substantially, avoiding the creation of new risks. Actions taken to avoid collisions must ensure vessels pass at a safe distance, with continuous assessment of effectiveness until the other vessel is clear. If necessary, a vessel should reduce speed or stop to avoid collision or reassess the situation. A vessel obligated not to impede another's passage must act early to provide adequate sea room and remain compliant with relevant navigation rules to prevent collision risks. The discussed rules pertain specifically to interactions between vessels and do not address obstructions like waves. Previous district cases cited by the plaintiff are deemed unpersuasive; for instance, Edington v. Madison Coal Supply Co. involved significant risks and injuries from a close pass, which is not comparable to the current case lacking evidence of similar incidents or injuries. Consequently, it is concluded that no collision occurred under the Inland Navigation Rules. The court orders that general Maritime Law applies, stating that no 'collision' exists in this case, abrogating conflicting statements in Buccina v. Grimsby. A status conference is scheduled to discuss the potential for interlocutory appeal, confirming the court's admiralty jurisdiction over the navigable Maumee River.