Winning Is In Our DNA

Headshot of attorneys Frederick Evans Schmidt and R. Joshua Koch Jr.

Winning Is In Our DNA

Headshot of attorneys Frederick Evans Schmidt and R. Joshua Koch Jr.

COLLISIONS RESTRICTED UNDER THE PENNSYLVANIA RULE

While ultimately dismissed on jurisdictional issues the Sixth Circuit in In re: Nancy Buccina, et al., discussed the rule of The Pennsylvania, 86 U.S. 125 (1873) and the definition of a collision.

In this matter, the plaintiff was allegedly injured when the boat she was riding on hit a large wave. The district court found that The Pennsylvania rule, which puts the burden of proving that its violation of a statute prior regulation did not cause the injury on the ship-owner, did not apply. The Sixth Circuit, agreeing with the district court, held that the definition of collision was not so broad as to include a ship hitting a wave. Instead, a collision only occurs when two moving vessels strike one another.