Court-recognized experts at Fisher Maritime have been regularly called upon to analyze the causes of marine casualties and accidents involving seamen, passengers, vessels, terminals, and shipyards, and then act as expert witnesses in litigation. We have analyzed numerous maritime casualties in past years, providing technical advice and expert witness services that are typically conveyed through our expert reports and deposition testimony. These matters are often settled or resolved before going to trial due in part to the compelling information conveyed through our reports and testimony. Representative matters in which the services of Fisher Maritime have been retained include the following.
Barge Overruns Duckboat
A case that entailed two wrongful death claims in connection with a collision between a tugboat towing an empty tank barge alongside and an amphibious passenger-carrying craft referred to as a “Duckboat” upon the waters of the Delaware River off the Penns Landing area of Philadelphia, PA. During the in-water segment of its cruise, the Duckboat’s captain observed smoke entering the vehicle’s cockpit. Accordingly, he shut down the engine and closed all vents coming from the engine bay. At approximately the same time, the tugboat was towing the empty barge, which was very high out of the water, in the same area. The tugboat operator failed to notice the disabled Duckboat that had entered the large “blind spot” ahead of the barge, and the barge overran the Duckboat, causing it to sink. Fisher Maritime was engaged to review and analyze information produced in discovery, perform vessel inspections and provide expertise in subjects that included navigation and piloting, statutory rules of the road, bridge safety policies and procedures, and crew training policies and procedures.
Fatal Capsizing of Overloaded Recreational Boat
A case that entailed multiple wrongful death claims in connection with the capsizing of a 34-foot Silverton recreational boat in Oyster Bay, NY due to passenger overloading. The vessel operator had boarded 27 persons onto the vessel at a marina in adjacent Huntington Harbor, in a group that comprised 12 adults, 7 young adults/teenagers and 8 children, then transported the group out into the waters of Long Island Sound and into Oyster Bay harbor to view a fireworks display. Shortly after commencing the return trip at the conclusion of the fireworks, and with many of its passengers still on its upper flying bridge, the boat rolled to starboard and capsized. This precipitated water ingress via open windows and other hull fittings that flooded the vessel, ultimately causing it to sink to the bottom of Oyster Bay. Fisher Maritime was engaged to review and analyze information produced in discovery, perform vessel inspections and provide expertise in subjects that included vessel stability, passenger capacity and other naval architecture calculations, navigation and piloting, and other customary vessel operation and shiphandling procedures.
Wake-Induced Injury Aboard High-Performance Recreational Vessel
A case that entailed a personal injury claim in connection with vessel motion resulting from an encounter with a wake from another craft that occurred upon the Pittsburgh, PA waters of the Allegheny River. The plaintiff was a passenger aboard a high-performance recreational vessel that was moving ahead at approximately 45 mph when it collided with a large wake generated by another high-performance recreational vessel and became airborne. As a result, the plaintiff was tossed upward from her seat in the first vessel and landed back down onto its deck. Fisher Maritime was engaged to review and analyze information produced in discovery and provide expertise in subjects that included statutory regulations for operation of motorized vessels upon Pennsylvania waters, navigation and piloting, customary practices for wake encounters, operator responsibilities for passenger safety and maritime doctrine inherent in the Pennsylvania Rule.
Fishing Vessel Allides with Oil/Gas Platform
A case that entailed a personal injury claim incurred when a 29-foot World Cat recreational fishing vessel allided with an oil/gas platform in the Gulf of Mexico about 10 miles off the Louisiana coastline. While proceeding during hours of full darkness at a speed of 20-25 miles per hour, and with its operational radar turned off, the fishing boat operator failed to observe a fixed oil/gas exploration platform that was directly ahead. As a result, the boat crashed into the platform, causing catastrophic damage to the craft and injuries to the boat’s occupants. Fisher Maritime was engaged to review and analyze information produced in discovery and provide expertise in subjects that included statutory regulations with regard to placement of navigation lights on fixed oil/gas platforms, US Coast Guard regulations for approval of private aids to navigation, navigation and piloting, use of radar and other vessel operation procedures.
Rental Motorized Vessels and PFD Usage
A case that entailed a wrongful death claim in connection with an accident that occurred upon the waters of Lake Conroe, which is situated in Montgomery County, TX, approximately 35 miles north of the Houston area. A group of college-age young adults rented a pontoon boat with outboard motor propulsion to, among other things, ride a tube being towed by the rented boat. However, upon commencement of its initial tow, the front edge of the tube dove underwater, dislodging its rider who then drifted away, going beneath the water and ultimately drowning. Fisher Maritime was engaged to review and analyze information produced in discovery and provide expertise in subjects that included Texas regulations for rental of motorized vessels and for instruction of rental boat operators, as well as use of personal flotation devices (“PFDs”) and other customary pontoon boat operation and handling procedures.
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Fisher International Maritime Consultants, LLC (“FIMC”)