Ens v. Gabany

Apportionment of liability was the issue in this small vessel collision case. The Plaintiff’s vessel was at anchor and was hit by the Defendant’s vessel. The Court apportioned liability 70% to the Defendant and 30% to the Plaintiff. The faults on the part of the Defendant were traveling at night at an excessive rate of speed when having consumed sufficient alcohol to have affected his judgment and vision. The faults on the part of the Plaintiff were not having an anchor light and anchoring his vessel in an area where through traffic was predictable and probable.