SAILOR INC. F/V v. City of Rockland

ORDER ON DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT

HORNBY, District Judge.

The plaintiffs fishing vessel sank while it was docked at the defendant’s pier, allegedly due to the defendant’s fault. The defendant seeks summary judgment on damages, limiting any recovery to the vessel’s fair market value immediately before it sank. Under the applicable rule of maritime law, if the cost of repairing a vessel exceeds the vessel’s pre-casualty fair market value, then the vessel is considered a “constructive total loss” and the owner may recover no more than its fair market value, ie., no damages…