Gagne
Gagne v. Zodiac Maritime Agencies, Ltd.
Opinion
Opinion
Whelan, J.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
On July 2, 2002 Plaintiff Lenn Gagne (“Plaintiff’) commenced this admiralty suit against Defendant Zodiac Maritime (“Defendant”) et al. On August 6, 2002 Plaintiff settled a separate action for $50,000 against a separate maritime defendant. See Gagne v. Northland Ins., 00-CV-2274 JM (JFS) (case terminated Aug. 6, 2002). Defendant here now seeks summary judgment under Rule 56 of the Federal Rules of Civil Procedure. All parties are represented by counsel. The Court decides the matter on the papers submitted without oral argument. See Civ. L.R. 7.1(d.l).
I. Background
On April 20, 2000 Plaintiff and his four-person crew left the National City Boatyard aboard Plaintiffs 70 foot three-masted sailing vessel, the Ingomar. Plaintiffs destination was San Francisco’s Pier 40. Approximately 18 hours into the voyage, the Ingomar’s fuel filter clogged. The vessel lost power and became dead in the water.
At 7:50 a.m. a large container ship approached the Ingomcúr. Captain Michael Kelley, the Ingomar’s skipper, tried to contact the approaching vessel. The container ship altered course and bypassed the Ingomar within 100 yards. The…