D. Damages for Injury to Vessel-partial Loss

• Library: South Carolina Damages Supplement (SCBar) (2017 Ed.)

D. Damages for Injury to Vessel-Partial Loss

2. Repair Costs

Pg. 264

Insert in footnote 84 an additional case as follows:

See also Yarmouth Sea Prods. Ltd. v. Scully, 131 F.3d 389, 399 (4th Cir. 1997) (fact that the vessel was later lost at sea did not prevent recovery of estimated cost of repairs from unrepaired damage two months earlier).

Pg. 265

Insert in footnote 88 a parenthetical explanation of the cited case as follows:

(vessel was scrapped before implementation of permanent repairs, for which recovery was awarded based on proof of estimated cost).

6. Loss of Use or Lost Profits

a. In General

Pg. 267

Insert in the main text after footnote 103 additional material as follows:

Detention damages are abated down to the number of days in dry dock necessary to effect the repairs had no regular, maintenance work been done.^103.1

^103.1 Bouchard Transp. Co. v. The Tug Ocean Prince, 691 F.2d 609, 611-615 (2d Cir. 1982).

e. Fisherman's Claim Against Third Party for Loss Catch........271

Pg. 271

Insert at the end of footnote 133 case citations relocated from footnote 147 and corrected as follows:

See also Yarmouth Sea Prods. Ltd. v. Scully, 131 F.3d 389, 396-399 (4th Cir. 1997) (affirming availability of damages for lost catch and fisherman's exception to Robbins, and vacating and remanding for additional findings under reasonable certainty standard); Ballard Shipping Co. v. Beach Shellfish, 32 F.3d 623, 625-26 (1st Cir. 1994); D'Aquisto v. Campbell Indus., 162 Cal. App. 3d 1208, 1213-17 (Cal. Ct. App. 1985).

Pg. 272

Insert in footnote 134 an updated citation to the last case as follows:

Exxon Shipping Co. v. Baker, 554 U.S. 471 (2007), . . .

Pg. 273

Insert in footnote 146 an updated citation to the last case as follows:

See Exxon Shipping Co. v. Baker, 554 U.S. 471 (2007).

The case citations in footnote 147 are moved and appear as corrected in footnote 133.

g. Pleasure Vessels

Pg. 274

Insert at the end of footnote 153 additional material as follows:

Recovery has been allowed where a pleasure vessel served as lodging away from home for a plaintiff while he worked, causing him to incur lodging expenses during vessel repairs. Oswalt v. Resolute Indus., 642 F.3d 856, 864-865 (9th Cir. 2011).

h. Economic Loss in Absence of Physical Damage

(1) Robbins Dry Dock

Pg. 276

Insert at the end of footnote 162 additional material as follows:

In Amoco Transportation, the owner of undamaged cargo paid additional freight after a collision with another vessel,

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