Crowley Marine Services Inc. v. Maritrans Inc.

MEMORANDUM **

Crowley Marine Services, Inc. appeals the district court’s finding that its tug was 75% at fault for a maritime collision during a pre-arranged escort operation of Maritrans Inc.’s tanker. Crowley raises three issues on appeal. First, Crowley disputes the district court’s finding that two of the International Regulations for Preventing Collisions at Sea, Oct. 20, 1972, 28 U.S.T. 3459, T.I.A.S. 8487, adopted by statute at 33 U.S.C. § 1602 (“COLREGS”), did not apply to Maritrans because of its participation in a pre-arranged escort plan with Crowley. Crowley’s claims with respect to the district court’s application of the COLREGS are addressed in a published opinion filed concurrently with this memorandum disposition. Crowley also argues that the court applied the wrong standard of care and improperly admitted evidence. *417 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the last two issues in this memorandum disposition.

The district court applied the proper standard of care. Crowley knew or reasonably should have known of Captain Nekeferoffs serious medical and alcohol problems. Those problems clearly indicated that Nekeferoff might have problems…