Cont'd - In re Catalina Cruises - Passenger Vessel
Encounters Rough Seas

What is required . . . is merely the conduct of the reasonable
man of ordinary prudence under the circumstances, and the
greater danger, or the greater responsibility, is merely one of
the circumstances, demanding only an increased amount of
care. In some instances, reasonable care under the
circumstances may be a very high degree of care; in other
instances, it may be something less.

Rainey v. Paquet Cruises, Inc., 709 F.2d 169, 170-71 (2d Cir.
1983) (internal quotations and citations omitted). The district
court correctly determined that the standard of care is one of
reasonableness, but in a situation such as this, where the
risk is great because of high seas, an increased amount of
care and precaution is reasonable.

[3] Furthermore, the district court's finding that Catalina
Cruises breached this standard of reasonable care is not
clearly erroneous. The crew of the COUNTESS had
significant information regarding the weather they would
encounter when crossing. The conditions had steadily
deteriorated throughout the morning hours and had not
shown any signs of improving. Captain Martin and Dennis
were aware that the crossing would be rough and that they
could be facing rather severe wind gusts. Knowing all this,
Captain Martin ventured into this weather with over 300
passengers on board, many of them young campers.

[4] During the voyage, the MONARCH radioed the
COUNTESS and informed Dennis that the MONARCH'S
crossing had been miserable. Dennis failed to inform
Captain Martin of the conditions the MONARCH reported.

The COUNTESS continued to encounter rough seas, until a
large wave caused one of the vessel's windows to shatter.
After the window shattered, and water literally washed many
passengers from their seats, Captain Martin slowed the
vessel and changed course so the ride would be more
comfortable. Many on board noticed an extreme change in
the smoothness of the ride.

[5] A person exercising reasonable care under the
circumstances would have slowed the vessel sooner,
sought refuge at Long Point once he realized the severity of
the conditions, or decided not to risk venturing out into the
hazardous conditions at all. Accordingly, we hold that the
district court did not commit clear error in determining that
Catalina Cruises did not act with reasonable care under the
circumstances of this case.

III. CONCLUSION

Because we conclude that Catalina Cruises did not act with
reasonable care under the circumstances of this case, the
district court's judgment is AFFIRMED.

AFFIRMED.

Opinion Footnotes
*fn1 Catalina Cruises argues that, rather than applying the
standard of reasonable care under the circumstances, the
district court's language indicates that it applied a much
higher standard of care, and as a result held Catalina
Cruises to a standard of almost absolute liability.
U.S. Department of Labor - These are contact
numbers for Dept of Labor Offices that maintain
regional employment, unemployment, wage
information (cont'd)

MONTANA - Helena, MT - (406) 444-2430
NEBRASKA - Lincoln, NE - (402) 471-9964
NEVADA - Carson City, NV - (775) 684-0387
NEW HAMPSHIRE - Concord, NH - (603) 228-4123
NEW JERSEY - Trenton, NJ 08625 - (609) 292-0099
NEW MEXICO - Albuquerque, NM - (505) 222-4683
NEW YORK - Albany, NY - (518) 457-6369
NORTH CAROLINA - Raleigh, NC - (919) 733-2936
NORTH DAKOTA - Bismarck, ND - (701) 328-2868
OHIO - Columbus, OH - (614) 752-9494
OKLAHOMA - Oklahoma City, OK - (405) 557-7265
OREGON - Salem, OR - (503) 947-1212
PENNSYLVANIA - Harrisburg, PA - (717) 787-3266
PUERTO RICO Hato Rey, PR - (787) 754-5340
RHODE ISLAND - Cranston, RI - (401) 462-8767
SOUTH CAROLINA - Columbia, SC - (803) 737-2660
SOUTH DAKOTA - Aberdeen, SD - (605) 626-2314
TENNESSEE - Nashville, TN - (615) 741-2284
TEXAS - Austin, TX - (512) 491-4802
UTAH - Salt Lake City, UT - (801) 526-9401
VERMONT - Montpelier, VT - (802) 828-4153
VIRGIN ISLANDS, Charlotte Amalie, VI 340 776-3700
VIRGINIA - Richmond, VA - (804) 786-7496
WASHINGTON - Lacey, WA - (360) 438-4804
WEST VIRGINIA - Charleston, WV - (304) 558-2660
WISCONSIN - Madison, WI - (608) 267-2393
WYOMING - Casper, WY - (307) 473-3807
caselaw - heavy weather
Legal rights of maritime workers - Jones Act - Injured Mariner - Legal Test for Seamen Status - When is an employee a
seaman and when are they not a seaman - Jones Act for ferry workers - Exposure to Toxic and Hazardous Substances
When you visit ferry operator
sites, the typical job
postings may include:

Captain or "Master”, under
these US Coast Guard license
qualifications:
▪ 100 Ton Master
▪ 200 Ton Master  
▪ 500 Ton Master  
▪ 1600 Ton Master  
sometimes seeking
endorsements and STCW 95.

Mate , under this United
States Coast Guard license:
▪ 100 Ton Mate
▪ 200 Ton Mate  
▪ 500 Ton Mate  
▪ 1600 Ton Mate
sometimes seeking
endorsements and STCW 95.

Able Bodied Seaman, or Able
Seaman
or AB

Deckhand
May require STCW
95.

Chief Engineer , need to hold
this Coast Guard license:
▪ Chief Engineer Limited
▪ Chief Engineer Unlimited

Designated Duty Engineer  
under USCG license:
▪ Designated Duty Engineer
Some companies call their
position
Marine Engineer

QMED
Utility Worker
Electrician
Marine Mechanic
Green Trainee
or Trainee

Ferry Operators also seek

Ticket Reservationists, a/k/a
Reservation Agents
Customer Service
Traffic Operations Personnel
Parking Lot Personnel
Security Personnel

Companies may require
STCW, MMD (merchant
marine document, or Z Card)
Where a larger ferry company
operates its own shipyard or
maintenance facility, they may
seek the following:

Welder
Marine Electrician
Pipe Fitter
Carpenter
Electronics Technician
Painter
Administrative
Accounting
Personnel
Laborer
numbers for Dept of Labor Offices that maintain
information.

ALABAMA - Montgomery, AL - (334) 242-8859
ALASKA - Juneau, AK - (907) 465-4518
ARIZONA - Phoenix, AZ - (602) 542-3871
ARKANSAS - Little Rock, AR - (501) 682-4500
CALIFORNIA - Sacramento, CA - (916) 262-2160
COLORADO - Denver, CO - (303) 318-8898
CONNECTICUT, Wethersfield,CT, (860) 263-6255
DELAWARE - Wilmington, DE - (302) 761-8052
DISTRICT OF COLUMBIA - (202) 671-1633
FLORIDA - Tallahassee, FL - (850) 488-1048
GEORGIA - Atlanta, GA - (404) 232-3875
GUAM - Tamuning, GU - (671) 475-7062
HAWAII - Honolulu, HI - (808) 586-8842
IDAHO - Boise, ID - (800) 772-2553
ILLINOIS - Chicago, IL - (312) 793-2316
INDIANA - Indianapolis, IN - (317) 232-7460
IOWA - Des Moines, IA - (515) 281-0255
KANSAS - Topeka, KS - (785) 296-5058
LOUISIANA - Baton Rouge, LA - (225) 342-3141
MAINE - Augusta, ME - (207) 287-2271
MARYLAND - Baltimore, MD - (410) 767-2250
MASSACHUSETTS - Boston, MA - (617) 626-6556
MICHIGAN - Detroit, MI - (313) 456-3090
MINNESOTA - St. Paul, MN - (651) 282-2714
MISSISSIPPI - Jackson, MS - (601) 321-6261
MISSOURI - Jefferson City, MO - (573) 751-3609