Senior Smart Aleck
Join Date: Aug 2009
Location: Richmond, Virginia
Thanked 70 Times in 65 Posts
Rep Power: 8
Re: Is sleeping OK?
Sure, but the sailor who was run down in the case was the one who brought the lawsuit and he was awarded half his damages:
"Summary of Damages In view of the foregoing, I allow plaintiff's claim for damages as follows: Lost Property: $149,358.00 Personal Injury: 5,000.00 Travel Expense: 952.60 Total: $155,310.60
Under the Court's resolution of the liability question, plaintiff will recover judgment for one-half of this amount, $77,655.30, against the vessel TFL EXPRESS in rem and defendant Timur Carriers (Pte.) Ltd. in personam. The complaint against defendant Trans Freight Lines, Inc. will be dismissed."
Yes, he shared in the fault for the accident because he went belowdecks to sleep. I am somewhat surprised he sued the ship that ran him down. He thought the fact that the Camera was a sailing vessel put the motor vessel Express at fault. Both parties claimed the other had inadequate watch and at least one of them claimed the other was not displaying lights.
So the long and the short of it is he lost his vessel and he was awarded damages.
Last edited by jameswilson29; 09-20-2012 at 07:15 PM.