Lewis F. Stevens and Elvira B. Stevens v. F/v Bonnie Doon, Her Engines, MacHinery Tackle, Etc. Gene Koblick, an Individual

In the early morning hours of August 6, 1978, 55 miles southwest of San Nicholas Island in the Pacific Ocean, appellant Lewis F. Stevens’s boat, the Carolyn F, and appel-lee Eugene Koblick’s boat, the Bonnie Doon, collided bow to bow. At the time of the collision both vessels were fishing on a calm sea; visibility was excellent. Each vessel suffered serious hull and equipment damage as a result of the accident. Appellant brought an admiralty-maritime action in rem against the vessel Bonnie Doon and in personam against its owner, appellee Eugene Koblick, to recover for lost profits and property damage, and arrested the boat as security for judgment. Appellee cross-claimed for damages. At a bench trial, the court found that the collision was caused by appellant’s failure to observe that the Bonnie Doon had previously crossed his vessel’s bow and his failure to honor appellee’s “fishing circle.” In addition, both parties were found to have been negligent in failing to post a look-out as required by Rule 5, International Regulations for Preventing Collisions at Sea, following 33 U.S.C. § 1602 . Upon these findings, the court apportioned 70 percent of the fault to appellant and 30…