Stacy v Rederiet Otto Danielsen AS and Anr (The “Eva Danielsen”) - US Court of Appeals (9th Circuit) Cynthia Holcomb Hall, John T Noonan and Sidney R Thomas Ct JJ) – 29 June 2010

Tort – Emotional distress – Claimant fishing vessel operator hearing freighter passing close by in dense fog and destroying another fishing vessel – Claimant bringing proceedings against owners and operators of freighter for negligent infliction of emotional distress on basis that he was within the “zone of danger” – Whether complaint stated a cause of action

The plaintiff was the owner and operator of the fishing vessel Marja. In the afternoon of 13 July 2007, in dense fog, Marja’s radar picked up the echo of the freighter Eva Danielsen, one mile away, headed towards Marja on a collision course. The Marja signalled the danger to the freighter. The Eva Danielsen avoided hitting the Marja but came close enough for the plaintiff to hear her engine and machinery and to feel the vessel’s wake. She passed at close quarters. Having passed the Marja, the Eva Danielsen collided with another fishing vessel, the Buona Madre. The collision destroyed the Buona Madre and resulted in the death of her captain.