Category: Marine Survey Expert Witness

  • Expert Testimony on Marine Docks Admitted

    Expert Testimony on Marine Docks Admitted

    This matter arises from an allision on December 7, 2022, while the tug M/V BURRWOOD WISE was maneuvering a crane barge, the ALEX G, at a docking facility owned by Atalco. During this maneuver, the ALEX G made contact with a dock. An employee of Defendant, Gnots Reserve, Inc., was operating the tug. Atalco brought this action seeking recovery for the resulting property damage.

    Gnots retained Captain Ronald L. Campana to offer opinions on (1) the structural condition of the dock and the absence of a functional fendering system; (2) the custom and practice of fendering marine docks on the lower Mississippi River; and (3) the applicability of the U.S. Inland Navigation Rules to the movement of the ALEX G. Atalco filed a motion to strike Campana’s report and testimony.

    Marine Surveyor Expert Witness

    Captain Ronald L. Campana is a graduate of the United States Merchant Marine Academy, Kings Point, N.Y. He has sailed in various capacities as an officer and master aboard US flagged vessels. Campana came ashore in 1981 and was trained by an existing marine surveying firm, as a Marine Surveyor, that is no longer in business.

    Want to know more about the challenges Ronald Campana has faced? Get the full details with our Challenge Study report.

    Discussion by the Court

    Campana has 42 years of experience surveying vessels and marine terminals in the New Orleans area. Prior to his surveying career, and after graduating from the United States Merchant Marine Academy, he spent ten years as an officer aboard vessels mooring at comparable facilities.

    His experience qualifies him to give opinions in this case. The challenges to his opinions in this judge-tried case are better directed to the weight of the evidence, not to exclusion of it.

    Held

    The Court denied Atalco’s motion in limine to strike and exclude the testimony of Ronald Campana.

    Key Takeaway

    Challenges to the factual bases of an expert’s opinion ordinarily go to weight, not admissibility, and are properly addressed through cross-examination.

    Case Details:

    Case Caption: Atalco Gramercy LLC V. Gnots-Reserve, Inc.
    Docket Number: 2:23cv7195
    Court Name: United States District Court, Louisiana Eastern
    Order Date: April 10, 2026
  • Marine Survey Expert Witness’ Testimony About the Yacht’s Fire-Suppression System Admitted

    Marine Survey Expert Witness’ Testimony About the Yacht’s Fire-Suppression System Admitted

    On December 9, 2022, the M/V DAGGA BOY was damaged by a fire while moored at the dock for repairs. Dagga Boy, LLC (hereinafter “Dagga Boy”) owned the vessel. Accelerant Specialty Insurance Co. (hereinafter “Accelerant”) insured the vessel. Dagga Boy contends that the fire damage resulted in a total loss of the vessel.

    On May 25, 2023, Dagga Boy filed suit against Accelerant because, according to Dagga Boy, notwithstanding well-supported and proper proof of loss, Accelerant persisted in denying payment on the claim.

    Dagga Boy moved to exclude any testimony from Revel Boulon, Accelerant’s expert marine surveyor, contending that his report was not timely produced under the Court’s scheduling order. Dagga Boy also moved to exclude Boulon based on his qualifications and the reliability of his opinions.

    Marine Survey Expert Witness

    Revel Boulon is a certified marine surveyor, accredited by the Association of Certified Marine Surveyors, with over 14 years of experience as a licensed chief engineer onboard motor yachts.

    Want to know more about the challenges Revel Boulon has faced? Get the full details with our Challenge Study report. 

    Discussion by the Court

    Boulon was appointed to provide an expert statement with regard to the manufacturer’s requirements as related to the fire extinguishing equipment on board the subject vessel.

    Boulon noted that the manufacturers adopt standards from the National Fire Protection Association (“NFPA”). The NFPA requires “semi-annual service and inspection” of “clean agent” systems like the yacht’s Fireboy system, and “maintenance at intervals of not more than 1 year” for portable fire extinguishers. Boulon also cited the applicable Coast Guard regulations which require the same fixed and portable equipment to be inspected or tested “at least once every 12 months.”

    Moreover, the Court declined to exclude Boulon on the basis of timeliness given the non-traditional procedural posture of the consolidated cases. The Court, once again, declined to exclude Boulon under the principles of Daubert. The issues that Dagga Boy raises go to the weight of the evidence and will surely be the subject of vigorous cross examination.

    Held

    The Court declined the motion to exclude any testimony offered by Revel Boulon.

    Key Takeaway:

    In conclusion, a marine surveyor with Boulon’s experience as the chief engineer aboard motor yachts is qualified to evaluate and report, after the fire, about the yacht’s fire-suppression system.

    Case Details:

    Case Caption: Accelerant Specialty Insurance Company V. Dagga Boy Llc
    Docket Number: 2:23cv2796
    Court: United States District Court for the Eastern District of Louisiana
    Order Date: August 13, 2024