Alkmeon Naviera v. Marina

633 F.2d 789 ALKMEON NAVIERA, S.A., a corporation, Plaintiff-Appellant and Cross-Appellee, v. M/V "MARINA L," her engines, boats, tackle, apparel and furniture, and Elmarina, Inc., a corporation, Defendants-Appellees and Cross-Appellants. Nos. 77-1670, 77-2021. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 5, 1979. Decided Nov. 18, 1980. Lawrence D. Bradley, Jr., Lillick, McHose, Charles, Los Angeles, Cal., for Naviera. Jack D. Fudge, Los Angeles, Cal., argued, for M/V Marina; McCutchen, Black, Verleger & Shea, Los Angeles, Cal., on brief. Appeal from the United States District Court for the Central District of California. Before GOODWIN and KENNEDY, Circuit Judges, and TAYLOR, * Senior District Judge. KENNEDY, Circuit Judge: 1 On June 20, 1973, two freighters collided in dense fog off the coast of Baja, California. As a result, one ship, the Theokeetor, sank; the other, the Marina L, was severely damaged. This suit followed. After trial, the district court found both ships at fault, apportioned liability 60% to the Marina L and 40% to the Theokeetor, and denied any prejudgment interest. Both parties appeal. 2 * On the day of the collision, the…