Marilyn E. Berg, Personal Representative of the Estate of Ogie Berg v. Chevron U.S.A., Incorporated

This appeal arises from a claim of negligence brought by the estate of the owner of a vessel in distress against the vessel that attempted a rescue. We examine the standard of care owed by the rescuer and the findings made by the trial court. The sequence of events is significant and is set out in some detail.

FACTS

Ogie Berg was the master and part-owner of the CAPELLA, an 85-foot fishing vessel. The vessel sailed for King Cove, Alaska in March 1980. The crew consisted of Ogie Berg, Dagfin Berg, Jack Fink, Robert Connelly, and Scott Pickering. Dagfin Berg was at the helm. At 2300 hours on March 27, the vessel struck the rocks at Cape Lazaref, puncturing the stern lazarette and jamming the rudder.

The ALASKA STANDARD, owned by Chevron and with Captain Daily in command, sighted the distress signal of the CAPELLA at 0545 on March 28. The CAPELLA requested a tow from the ALASKA STANDARD. The tow, which began at 1000 hours, used the CAPELLA’s anchor equipment.

During the tow, the ALASKA STANDARD asked at least three times by radio if the crew of the CAPELLA would like to come aboard. Each invitation was declined. Ogie Berg was asked once per hour whether his vessel was in…