Karvelis v. Constellation Lines S.A.

I concur in the judgment reached by the majority, and differ only as to its determination that Constellation was properly held liable on the unseaworthiness count as owner pro hac vice.

The majority relies upon Reed v. The Yaka, 373 U.S. 410, 83 S.Ct. 1349, 10 L.Ed.2d 448 (1963), where a bareboat charterer was deemed an owner pro hac vice and accordingly liable for unseaworthiness, and Eskine v. United Barge Company, 484 F.2d 1194 (5th Cir.1973), reaching the same result where “[t]he relationship was, or was analogous to, that existing under a bareboat charter.” Id. at 1196. I do not believe…