Lloyd's Maritime Law Newsletter
Kentwood Ltd v United States of America and Ors (The “Jade Cat”) - US District Court (ED Virginia) - 19 June 1996
Salvage claim - Plaintiffs alleging that professional salvor acted in breach of contract and negligently in failing to salve plaintiffs’ vessel - Whether plaintiffs’ claim disclosed valid causes of action
The plaintiffs owned the 58 foot catamaran sailing vessel
Jade Cat.
On 10 October 1994 the
Jade Cat
ran aground near the Lynnhaven Inlet in the lower Chesapeake Bay. The stranding left the vessel unable to manoeuvre but otherwise
in no danger of sinking. The Master contacted the US Coast Guard and requested assistance including the furnishing of a pump.
The Coast Guard contacted Sea Tow Services - Hampton Roads (“Sea Tow”), a professional marine towing and salvage company.
Sea Tow provided a vessel, the
Bay Retriever
, which went to the scene of the stranding to assist the
Jade Cat
.
The Bay Retriever
did not bring a pump, and was underpowered to perform the functions necessary to refloat the
Jade Cat
..