USS Fitzgerald and ACX Crystal collision: The Fifth Circuit Court of Appeals delineates the reach of personal jurisdiction (gard.no)
quote:
In footnotes 5 through 7 of the majority Opinion, the Court felt it was important to place the Opinion in further context.
The Court emphasized that NYK was a time charterer of the ACX Crystal, and that time charterers typically have little or no control over the vessel’s navigation. As such, a time charterer “almost never bears liability for a collision stemming from navigational error.”
Citing Moore v. Phillips Petroleum Co., 912 F.2d 789, 792 (5th Cir. 1990).
Thus, in the Court’s view, even if plaintiffs could establish personal jurisdiction over NYK, “their claims would face other substantial hurdles.”
Including the fact that the after-accident reports issued by the National Transportation Safety Board and the Japanese Transport Safety Board largely fault the United States Navy for the collision and, according to the Court, neither places any fault on NYK.
The Court noted that the personal representatives of the deceased sailors and the injured sailors and their families also sued the owner of the ACX Crystal, Olympic Steamship Company, and its bareboat charterer, Vega Carriers Corporation, both Panamanian corporations, in Japan for the same injuries at issue in this lawsuit.
Source: US Court of Appeals
NYPE CL 26
BOXTIME CP CL 22
Name: ACX CRYSTAL (effective 2008-08) !
IMO Number: IMO 9360611
Flag: Panama (effective 2021-06)
Panama (effective 2008-08)
Philippines (effective 2008-08) !
Call sign: 3ESV6
MMSI: 370439000
Ship UN Sanction: Not on list
Owning/operating entity under UN Sanction: Not on list
Characteristics
Type:|Container Ship (Fully Cellular) (effective 2008-08)
|Date of build:|2008-08||
|Gross tonnage:|29,060||
Companies
|Registered owner:||Olympic Steamship Co SA||(effective 2008-11-30)|
|IMO Company Number|[4021665]IMOCompanyNumber=4021665)|
|Nationality of registration|Panama|
|Address|Care of Sea Quest Ship Management Inc , 1418, San Marcelino Street, Ermita, 1000 Manila, Philippines.|
|Company status|Active||