Markakis v. S/S VOLENDAM
486 F. Supp. 1103, 1980 U.S. Dist. LEXIS 9014 (1980)
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Rule of Law:
A vessel's crew is entitled to a salvage award for rendering aid to a sister ship, despite common ownership, if the assisted vessel faced a reasonably apprehended marine peril and the salvage service was voluntary. A service is considered voluntary if it is outside the crew's ordinary scope of employment, even if performed under orders from the common owner.
Facts:
- The S.S. Monarch Star and the S.S. Monarch Sun were passenger cruise ships owned by the same company, Monarch Cruise Lines, N.V., and operated by the same agent, Technical Marine Planning ('TMP').
- On January 10, 1977, while off the coast of Cuba, the Star suffered a complete engine failure, rendering it powerless with 368 passengers aboard.
- Hours later, the Star's emergency generator also failed, leaving the vessel in total darkness with only battery power for its radio.
- TMP, the common agent, instructed the master of the Sun to change course and render assistance to the disabled Star.
- Upon rendezvousing, the crew of the Sun used its tenders to transfer all of the Star's passengers, baggage, and provisions.
- At the request of the Star's captain, who was apprehensive about easterly winds, the Sun then towed the Star for approximately four hours, moving it 13 miles farther away from the Cuban coast into a safer shipping channel.
- While the sea was calm during the operation, the Star had been drifting and was at risk of being pushed by potential strong winds towards the rocky and reef-lined Cuban coast.
- After being released by the Sun, the Star was later met by a tugboat, the Curb, which towed it back to Miami.
Procedural Posture:
- Markakis, the master of the S.S. Monarch Sun, filed a lawsuit on behalf of himself and the crew against the S.S. Monarch Star in the U.S. District Court for the Southern District of New York.
- The lawsuit sought a salvage award for services rendered to the Star on January 10-11, 1977.
- The case proceeded to a bench trial in the district court, which served as the court of first instance.
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Issue:
Does a vessel's crew, ordered by their common employer to assist a sister ship, perform a voluntary salvage service for which an award is due when the disabled vessel faced a reasonably apprehended, but not imminent, marine peril?
Opinions:
Majority - Weinfeld, J.
Yes. A vessel's crew is entitled to a salvage award under these circumstances because the elements of a valid salvage claim—marine peril, voluntary service, and success—have been met. The court found that the Star was in a state of marine peril because, while not in imminent danger, the peril was 'reasonably to be apprehended.' The ship was powerless, adrift near a potentially hostile coast, and vulnerable to sudden storms, which was sufficient to constitute peril. The service was voluntary because it was outside the ordinary scope of the Sun's crew's employment. An order from a common employer to perform an extraordinary service like salvage does not negate its voluntariness, as a contrary holding would allow owners to circumvent salvage law, undermining the public policy of encouraging mariners to render aid. Federal statute explicitly states that common ownership does not bar a salvage award.
Analysis:
This case clarifies and reinforces two key principles in modern salvage law. First, it affirms a broad definition of 'marine peril,' establishing that the danger need not be imminent or absolute, but merely 'reasonably to be apprehended.' This lowers the bar for what constitutes a salvage situation. Second, the decision solidifies the principle that an employee-employer relationship, even with a common owner, does not preclude a salvage award for a crew if the service rendered is extraordinary and beyond their normal contractual duties. This protects the rights of seamen and incentivizes them to perform rescues by ensuring they can be rewarded for their efforts, preventing shipping companies from using internal orders to obtain 'free' salvage services from their other vessels.
