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CLIFFS-NEDDRILL TURNKEY v. M/T RICH

No. 91-3182.

947 F.2d 83 (1991)

CLIFFS-NEDDRILL TURNKEY INTERNATIONAL-ORANJESTAD, NEDDRILL 2 B.V. and NEDDRILL (NEDERLAND) B.V., v. M/T RICH DUKE, her engines, tackle, apparel, etc., in rem, Rich Ocean Tankers S.A. and Fuyo Kaiun Co. Ltd., in personam M/T Rich Duke, Appellant.

United States Court of Appeals, Third Circuit.

Decided October 17, 1991.

Attorney(s) appearing for the Case

Peter M. Sieglaff (Argued), Potter Anderson & Corroon, Wilmington, Del., David E. Black, Griggs & Harrison, Houston, Tex., for appellee.

Joseph C. Smith, Timothy M. Buck (Argued), Burlingham Underwood & Lord, New York City, Wayne J. Carey, April Caso Ishak, Prickett, Jones, Elliot, Kristol & Schnee, Wilmington, Del., for appellant.

Before COWEN and NYGAARD, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

COWEN, Circuit Judge.

The question presented on this appeal arising out of admiralty is an unusual one: when a ship under way collides with a ship at anchor, can the stationary vessel possibly be at fault under concepts of comparative negligence as applied in admiralty law, even though the moving ship observed the stationary ship well in advance of the allision?1 Our answer may appear counterintuitive, but...

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