IN RE OCEAN FOODS BOAT CO.

Civ. Nos. 86-1071-BE, 86-1193-BE, 86-1250-BE, 86-1553-BE and 87-0115-BE.

692 F.Supp. 1253 (1988)

In re OCEAN FOODS BOAT COMPANY, an Oregon corporation, as owner of F/V McKINLEY, Plaintiff, In a cause for exoneration from or limitation of liability. OCEAN FOODS BOAT COMPANY, Owner of D/F/V McKINLEY, GRE/Talbot, Bird, for Albany Insurance; Pacific Marine Insurance Co.; Harlock, Williams, Lemon, Ltd., for Camat, Plaintiff(s), v. M/V TOSCA, in rem; Wallenius Lines; Rederi Ab Soya; Stockholm, in personam, Defendants/Third Party Plaintiffs, v. Charles Scott PARKER and Keith A. Christensen, Third Party Defendants. Verna C. HELLBERG, Personal Representative of the Estate of Edward Albert Hellberg, Deceased, Plaintiff, v. REDERI AB SOYA, STOCKHOLM, Defendant/Third Party Plaintiff, v. OCEAN FOODS BOAT COMPANY, as owner of the D/F/V McKINLEY, Charles Scott Parker and Keith A. Christensen, Third Party Defendants. Keith A. CHRISTENSEN, Plaintiff, v. REDERI AB SOYA, STOCKHOLM, Defendant/Third Party Plaintiff, v. OCEAN FOODS BOAT COMPANY, an Oregon corporation, Charles Scott Parker and Keith A. Christensen, Third-Party Defendants. Charles Scott PARKER, Plaintiff, v. REDERI AB SOYA, STOCKHOLM, and Wallenius Lines, Defendants/Third Party Plaintiff, v. OCEAN FOODS BOAT COMPANY, an Oregon corporation, Charles Scott Parker and Keith A. Christensen, Third Party Defendants.

United States District Court, D. Oregon.

August 1, 1988.


Attorney(s) appearing for the Case

Guy C. Stephenson, Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, Or., for Ocean Foods Boat Co., GRE/TALBOT, BIRD, Pacific Marine Ins. and Harlock, Williams, Lemon.

Frank Pozzi, Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland, Or., for claimant Hellberg.

Paul N. Wonacott, Robert I. Sanders, Wood, Tatum, Mosser, Brooke & Landis, Portland, Or., for M/V TOSCA, Wallenius Lines, Rederi AB Soya, Stockholm.

Burl L. Green, Green, Griswold & Neuberger, Portland, Or., for claimant Parker.

Garry L. Kahn, Portland, Or., for claimant Christensen.


AMENDED OPINION

BELLONI, District Judge.

The moonlit evening of August 14, 1986 afforded perfect visibility. On the open ocean nine miles Northwest of the Columbia River bar, the M/V TOSCA and the F/V McKINLEY collided. Edward Hellberg, the McKINLEY's deckhand, died from exposure. After a three day trial the court awarded the statutory survivors of Mr. Hellberg $534,684.79 for pre-death pain and suffering, lost wages, and loss of services. This opinion explains...

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