In re Hellenic Lines, Ltd.

730 F.2d 159, 1984 AMC 2713 (1984)

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In re Hellenic Lines, Ltd.

United States Court of Appeals for the Fourth Circuit
730 F.2d 159, 1984 AMC 2713 (1984)

Facts

The Hellenic Carrier, a vessel owned by Hellenic Lines, Ltd. (plaintiff) collided with the Lash Atlantico, owned by Prudential Lines, Ltd. (defendant) off the coast of North Carolina in international waters. Hellenic Lines sued Prudential Lines in federal district court. The court held that the Last Atlantico was 80 percent responsible for the accident because its radar was inoperable and because it failed to reduce its speed as it neared the other ship. The court held that the Hellenic Carrier was 20 percent responsible for the collision because it also failed to reduce its speed. Prudential Lines appealed, alleging that the Hellenic Carrier had made turns to port during the approach to the collision in violation of safe-navigation regulations. Prudential Lines claimed that the court had failed to properly consider these violations in apportioning fault between the parties by holding that the regulation against committing a port turn should be construed as advisory rather than mandatory.

Rule of Law

Issue

Holding and Reasoning (Chapman, J.)

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