Fireman's Fund Insurance Companies v. Big Blue Fisheries, Inc.

The Kevleen and the Big Blue collided while fishing in the Bering Sea. The district court held both vessels liable, apportioning 85% of the fault to the Kevleen, and 15% to the Big Blue. The Kevleen appeals the district court’s refusal to fault the Big Blue because its lookout failed to plot the Kev-leen’s course on radar. The Big Blue and its insurers cross-appeal the district court’s de-murrage award to the Kevleen. We uphold the district court’s finding that the Big Blue’s use of radar was non-negligent, but reverse the district court’s demurrage award because it is unsupported by the record.

I.

The Big Blue and the Kevleen were under way in the Bering Sea in the early morning hours of February 4, 1994. The Big Blue initially steamed at 5.2 knots on a southwesterly course made good (“course”) of 226 degrees. 2 The Kevleen initially steamed at between 8 and 9 knots on a northeasterly course of 30 degrees. In order to compensate for wind and sea conditions, the Big Blue’s heading was slightly to port of its course, and the Kevleen’s heading was slightly to starboard of its course.

Tom Thissen stood watch on the Big Blue, and initially sighted the Kevleen visually and by…