The BT Nautilus, built in 1979 at Odense, Denmark, is an oil tanker of steel construction, 811 feet in length, 105 feet in breadth, 36,376 gross tons, and was at all relevant times a vessel registered under the laws of Hong Kong.ģ. Limitation Plaintiff, Nautilus, was a corporation duly organized and existing under and by virtue of the laws of Gibraltar, and was the owner of the M/T BT Nautilus.Ģ. THE PASSAGE OF THE BT NAUTILUS THROUGH THE KILL VAN KULL AND THE GROUNDINGġ.
The court finds by a preponderance of the credible evidence the following facts: Conversely, to the extent that any conclusions of law constitute findings of fact, they are adopted as such. To the extent that any of the findings of fact might constitute conclusions of law, they are adopted as such. To the resolution of the issue of liability only the court now bends a laboring oar in the following findings of fact and conclusions of law. The non-jury trial took nineteen days, produced 27 witnesses and generated 247 exhibits. Coastal, on the other hand, contends that negligent navigation caused the vessel's grounding outside both the Coastal New York ship berth and the federal navigation channel, in a shallow area, shown on the navigation chart in use and known to the vessel's docking pilot. ("Coastal"), on the theory that it breached its duty as wharfinger because the vessel either grounded in the ship berth or, if it grounded outside the ship berth, the approach to the berth was unsafe. Nautilus, as Limitation Plaintiff, seeks to impose liability on Limitation Defendant, Coastal New York Inc. *1262 Nautilus filed a counterclaim seeking exoneration from or limitation of liability pursuant to 46 U.S.C.App. ("Nautilus"), as owner of the vessel, put up a $26,000,000 bond to cover the claims for damages from the oil spill. Limitation Plaintiff, Nautilus Motor Tanker Ltd. 4 starboard cargo tank, and discharging an estimated 230,000 gallons of No. In the early morning of June 7, 1990, after heaving anchor at Stapleton Anchorage in the Port of New York, near the Verrazano Bridge, and scheduled to berth at the terminal of Coastal New York in Bayonne New Jersey, the 811 foot Motor Tanker BT Nautilus ran aground in the Kill van Kull, rupturing the No. Daley, Richard Webber, New York City, for defendants. Hill, Rivkins, Loesberg, O'Brien, Mulroy & Hayden by Robert E. Sommer, New York City, Goldstein, Till, Lite & Reiken by Andrew J.
*1261 Haight, Gardner, Poor & Havens by John J. In the Matter of the Complaint of NAUTILUS MOTOR TANKER CO., LTD., as Owner of the M/T BT NAUTILUS for Exoneration from or Limitation of Liability.ĬOASTAL (BERMUDA) PETROLEUM LIMITED, Plaintiff,
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