State of Wash. v. M/V DILKARA

ORDER STRIKING AFFIRMATIVE DEFENSE AND COUNTERCLAIM

BEEKS, Senior District Judge.

This action involves an allision between the M/V DILKARA and the Blair Bridge owned and operated by the State of Washington. At the time of the allision, J. P. Osnes, a compulsory pilot, licensed by the State, was on board DILKARA to assist in navigation. In answer to the complaint, defendant pleads as an affirmative defense and counterclaim the issue of vicarious liability. DILKARA contends that, because of State’s extensive regulation and control over the pilot, any negligence of the pilot would be imputed to…