Judge Raymond Dearie
Boat pilot Walker, a Delaware resident, was hurt in 2011. He earlier anchored a vessel on Long Island and returned to New Haven, Connecticut on Miller Marine Services Inc.’s launch the Abigail Miller. The Abigail Miller made fast to the Erin Miller, alongside the Megan T. Miller, itself next to a wharf leading to shore. After crossing two decks Walker fell through an opening in the Megan T. Miller’s gunwale. In 2012 after posting $515,000 bond, the value of the Megan T. Miller, Miller Marine sought to limit liability under the Limitation of Liability Act. Walker later sued for personal injury in the District of Connecticut. Discussing Supplemental Rule F(9), district court rejected Walker’s invocation of the “flotilla doctrine” to claim venue improper because Miller Marine’s bond did not include the values of the Abigail Miller and Erin Miller. However, district court transferred Miller Marine’s case to the District of Connecticut. Of those in D.H. Blair & Co. v. Gottdiener, the dispositive factor was that Walker’s injury occurred in New Haven. Citing Hamilton v. Accu-Tek, the court noted that there is a strong local interest in the adjudication of local matters. Further, Walker’s factual assertions raised issues of premises liability, further implicating local interests.
