UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-20212
Summary Calendar
GAINES TOWING AND TRANSPORTATION, INC.,
Plaintiff-Appellant,
versus
ATLANTIA TANKER CORPORATION;
NORTH AMERICAN SHIP AGENCIES;
M/T ATLANTIA; GENERAL SHIP SERVICE,
INC.,
Defendants-Appellees.
Appeal from the United States District Court
for the Southern District of Texas
(H-96-CV-2339)
September 19, 2000
Before POLITZ, DAVIS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Gaines Towing and Transportation, Inc., appeals the judgment on remand
awarding it $65,349 for repair damages and $15,000 for lost profits. We affirm.
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published
and is not precedent except under the limited circumstances set forth in 5 TH CIR. R. 47.5.4.
Background
Gaines Towing filed this action seeking recovery for damages to its tug
caused by the wake of the defendants’ passing tanker. After a bench trial the court
awarded $198,868 for repair damages and $15,000 for lost profits. On appeal we
reversed the in rem judgment, affirmed judgment on in personam liability, and
vacated and remanded for reconsideration of quantum.
On remand, after revisiting the issue of damages, the trial court awarded the
sums noted above. Gaines Towing timely appealed.
Analysis
On remand we directed the court to determine whether plaintiff’s vessel was
a constructive total loss because of the damages sustained, or whether its repair was
economically practicable. If the latter, any lost profit award was to be based on
actual profits lost during the reasonable period of repairs. The trial court invited
and received briefs on the issue of the appropriate measure of damages.
Reviewing the court’s quantum judgment on remand in light of the record,
we find no reversible error. The damage award of $65,349 is an appropriate
recovery after deleting from the earlier award expenses which were related to facts
the prior panel viewed as questionable. We accordingly affirm the award for the
2
repair damages.
We likewise affirm the award for lost profits. It is abundantly clear from the
record that the time taken for repairs was excessive, approaching if not reaching
three times as long as it reasonably should have taken. The $15,000 awarded is
consistent with Gaines Towing’s historical earnings, measured against a reasonable
time for repairs.
The judgment appealed is in all respects AFFIRMED.
3