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

The case is before us a second time for review of the proper measure of damages when a vessel sustains a collision at sea. We affirm.

The Carolyn F., a fishing vessel owned by appellants Stevenses, and the Bonnie Doon, a fishing vessel owned by one Kob-lick, collided off the coast of California on August 6, 1978. Following the collision, the Bonnie Doon proceeded to port and obtained temporary repairs costing $1,787.67. At that time, the repair yard estimated that it would cost another $5,000 to refasten the ship.

In September 1978, the Bonnie Doon was arrested by U.S. Marshals on a warrant pursuant to a libel filed by the Stevenses. In February 1980, while the vessel was still under seizure, Koblick obtained an estimate of $20,005.68 from the Seabreeze Yacht Center to repair the Bonnie Doon.

At the first trial, the district court apportioned 70 percent of the fault of the collision to the Carolyn F. and 30 percent to the Bonnie Doon. The court found total damages to the Bonnie Doon were $21,793.35, comprised of $1,787.67 for temporary repairs immediately after the collision, and the $20,005.68 for full repairs, based on the estimate obtained eighteen months after the…