Litigate to Cover Incompetence; US Navy
Here we have the US Navy attempting to cover gross incompetence with legal suits, and perhaps saber rattle to avoid carrying the burden for the damages they caused.
1. Large ship, poorer maneuverability = right of way over small, fast, maneuverable USN destroyer
2. Captain and deck officers relieved and punished
3. USN training found inadequate, and new qualification programs instituted
Completely pathetic USN behavior.
Then comes the legal suits by the sailors against the shipping company. Of course they can't cash in against the USN. $5.5M for psychological pain and suffering?
Gross incompetence. Irresponsibility. Fraud.
1. Large ship, poorer maneuverability = right of way over small, fast, maneuverable USN destroyer
2. Captain and deck officers relieved and punished
3. USN training found inadequate, and new qualification programs instituted
Completely pathetic USN behavior.
Then comes the legal suits by the sailors against the shipping company. Of course they can't cash in against the USN. $5.5M for psychological pain and suffering?
Gross incompetence. Irresponsibility. Fraud.
"They failed to keep proper lookouts, lacked trained mariners on the bridge in congested waters, never communicated with the McCain and at no time sounded a danger signal, veered away from the warship or followed the international rules of maritime transit,"
The above quoted charge by the Navy against the shipping company is just as likely to be true against the Navy. Had the Naval charges been paying attention, they had the more agile ship and their watch should have seen the much larger tanker sooner than the tanker watch saw them. Based on limited data, the naval ship had the better chance to avoid the collision, but it appears the Naval personnel were negligent.
(Just like Hitlery with the server and the BATF and FBI at Waco and a host of other cases of government incompetence that gets overlooked.)
As for the sailor's legal suits, they are barking up the wrong money tree.
"The case began in February, when Energetic Tank’s attorneys filed a motion that sought to exonerate or limit the company’s liability in the fatal disaster. The pre-emptive move was designed to buffer the company against claims that had not yet been filed, according to court records. Two months later, the U.S. government sued, asserting that Alnic’s owners knew about the deficiencies aboard the tanker.”
Further, the US Navy prosecuted the commanding officer of USS McCain, CDR Sanchez, who pleaded guilty to dereliction of duty, was reduced in rank to LCDR, fined $2000 per month for 3 months, and was required to retire. To some, it might seem the punishment doesn’t fit the crime (of negligence). To others, we debate accountability and responsibility of a ship’s commanding officer given the gross stupidity, laziness, and negligence of the watch standers who directly caused the collision. The commanding officer is thus held accountable for all actions, thoughts, deeds, and even crimes of those employed to accomplish a mission safely and successfully, even in harm’s way. Was he in fact grossly incompetent? Where is the fraud with intent to deceive?
I read the abstract by “Thoritsu” and I read the entire Navy Times article. I find the abstract to be biased and inflammatory. Completely pathetic USN behavior???
Yes, incompetence, irresponsibility, but fraud? Certainly not a cover up. More to the point, it might be taken as an indictment of the legal entanglements of the blame game with long-reaching impacts on taxpayers who foot the bill for extraordinary medical costs and those for repairs to the ships.
Perhaps one should look to the “fraud” perpetuated on the American public by years of mismanaged appropriations, exorbitant prices, and the bilking of the taxpayer by the acquisition system which favors public policy over the right item at the right price at the right time. And yes, mention the collapse of education and training and leadership.
It is worth pointing out that in addition to the destroyer being infinitely more maneuverable, with a far superior radar(s), the destroyer paints on radar like a ship a fraction of its size.
The sailor's families have a lot of gall, suing the shipping company and so does the Navy. This is like suing an iceberg. The Navy is clearly at fault.
The Feres Court relied upon three principal reasons in coming to its decision: First, the existence and availability of a separate, uniform, comprehensive, no-fault compensation scheme for injured military personnel; second, the effect upon military order, discipline, and effectiveness of its service members if service members were permitted to sue the Government or each other; and, third, the distinctively Federal relationship between the Government and the members of the armed services and the corresponding unfairness of permitting service-connected claims to be determined by non-uniform local tort law.
I encourage those interested to read S. HRG. 107–977, THE FERES DOCTRINE: AN EXAMINATION OF THIS MILITARY EXCEPTION TO THE FEDERAL TORT CLAIMS ACT, at https://www.gpo.gov/fdsys/pkg/CHRG-10...
It is also fascinating to read the cast of characters involved in this review of the doctrine. Please take note of the "First, the existence and availability of a separate, uniform, comprehensive, no-fault compensation scheme for injured military personnel”… I leave it to others to comment on that.
"Carrier sents message to lighted object bearing XXX fromme. Please change course. you are on collision course with us.
Reply: You must change course to avoid collision.
Carrier: This is Adm Jones. Change corse Nw the is USN 767 and aircraft carrier.
Reply: This is Coastguards Ensign Murphy in charge of Lighthouse Able. Change Course now.
You get the drift of what is meant by the joke. It is what is maneuverable and what isn't Not sure an Oil tanker = Light house but the effect is nearly the same.
There are truly some idiots driving ships. (yes I know you don't really drive a ship, but you should see some captains try.
Enjoy
Funny part starts at about 1:30 in and then hilarious response at about 2:20
Me dino also knows for a freaking fact that huge heavy hulking freighters can in no way whip about into turns like a destroyers can.
Conclusion: For a United States Nay destroyer with its state of the art technology to strike a freighter can only be blamed on its captain and crew~most especially on the captain.
http://www.shipsbusiness.com/turning-...
Yes, it hit the destroyer. No, it was not at fault. Not the same as rear ending in a car.
Cargo ship has single shaft, and usually about 25,000 hp, and displace over 100,000 tonnes (largest are almost 200,000 tonnes). These can't turn for anything.
One quarter the power, over ten times the weight, single shaft vs two and FPP vs CPP. This is a minimum of 100:1 in maneuverability. Even if the freighter was trying to hit the destroyer, it should be as impossible as a 70 year old, 300 lb woman trying to hit Sugar Ray Leonard...unless he was missing his faculties.