Luna

Catalina Cruises, Inc. v. Luna

Good Law
137 F.3d 1422·98 Daily Journal DAR 2395·1998 A.M.C. 1282·1998 U.S. App. LEXIS 4116·98 Cal. Daily Op. Serv. 1709
United States Court of Appeals for the Ninth CircuitMarch 10, 1998No. 96-56217California1,664 words

Opinion

Lead Opinion

Gibson, J.

Catalina Cruises, Inc. (“Catalina Cruises”) appeals the district court’s judgment, following a bench trial, that Catalina Cruises operated its passenger-carrying vessel, the M/V CATALINA COUNTESS (the “COUNTESS”), in a negligent manner. We affirm.

*1424 I. BACKGROUND

The COUNTESS is a 127-foot passenger vessel, inspected and certified by the Coast Guard for operation between Long Beach, California and Catalina Island. The COUNTESS is certified to carry a maximum of 793 passengers. The vessel consists of an enclosed main deck; a first deck with both open and enclosed portions; and a second deck' which is fully unenclosed.

On April 24,. 1994, the COUNTESS was under the command of Captain Donald Martin, an experienced vessel “master” or “operator” who had been licensed by the United States Coast Guard for thirty years. That morning, he reported for work, prepared the vessel for crossing, and checked the weather. The National Oceanic and Atmospheric Administration (“NOAA”) forecast called for winds from the west to northwest at 15-25 knots, with five foot seas, and swells from the west at a height of five feet. The marine weather forecast for the morning called for a small craft…

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