Thames Shipyard and Repair Co v United States (The "Northern Voyager") - US Court of Appeals (First Circuit) (Torruella Ct J and Campbell and Stahl Sen Ct JJ) - 26 November 2003

Tort - Liability of public body - US Coast Guard assisting fishing vessel in distress - Coast Guard compelling master and crew to evacuate vessel - Whether United States liable in negligence for compelling evacuation or for discouraging efforts of commercial salvor - Whether discretionary function exception applicable - Whether United States liable under Good Samaritan rule

On the morning of 2 November 1997 the Northern Voyager, a 144-foot fishing vessel, was proceeding off the coast of Gloucester, Massachusetts, when crewmen discovered water flooding a compartment in the ship's stern. The flooding, which resulted when the starboard rudder dropped out of the vessel, was severe and the crew immediately began trying to pump out the water. Despite the crew's best efforts, the water level in the compartment continued to rise, threatening to flood the engine room. The master radioed Coast Guard Station Gloucester for assistance. Station Gloucester responded immediately by launching two boats and diverting a cutter to assist.