摘要: |
Rule 5 of the Coast Guard Inland Navigation Rule (better known as the rules of the road) requires captains to "at all times maintain a proper lookout by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and the risk of collision." Whether a lookout is "proper" is often the subject of litigation involving collisions and al-lisions. In September, the U.S. District Court for the Middle District of Louisiana issued an opinion which discussed Rule 5 in the context of a maritime fatality. In In re Chester J Marine, the family of a deceased captain, Lloyd Standridge, brought claims against Chester J Marine, the owner and operator of the inland pusher tug Cecile A. Fitch. The family alleged that Standridge drowned on the night of Feb. 10, 2020, after the Fitch and her tow col- lided with a skiff in which Standridge was riding near Plaquemine, La. They claimed that the Fitch's captain violated Rule 5 because, among other things, he did not post a supplemental lookout at the head of the Fitch's tow. Chester J Marine filed a complaint in the Middle District of Louisiana, seeking exoneration or limitation of liability. |