Navigating Maritime Evidence: The Power and Practice of Using Demonstrative Aids in Litigation( continued from page 10)
Case Study: SCF Waxler Marine L. L. C. v. Aris T M / V The successful use of an accident reconstruction video in litigation, incorporating automatic identification system(“ AIS”) footage into the video, is exemplified in SCF Waxler Marine L. L. C. v. Aris T M / V, 24 F. 4th 458( 5th Cir. 2022).
On the evening of January 31, 2016, the Aris T was upbound on the Mississippi River at the same time towboats Elizabeth and Loretta, each pushing loaded redflagged( petroleum) barges, were downbound. An allision occurred in the Hahnville Bar, a bend between mile markers 124.5 and 126 in the Mississippi River where a number of moorings are located. Aris T was passing Loretta and Elizabeth at the same time Loretta was overtaking Elizabeth. Given their relative positions, there simply was not enough room for the three vessels to be adjacent to each other simultaneously. Id. at 466. To avoid colliding with Loretta’ s loaded petroleum barges, Aris T veered to starboard and allided with docks owned by Valero and Shell, causing a massive amount of damage.
A video reconstruction of the allision was used as part of Valero’ s case-in-chief. The video reconstruction of the allision showed the path of the vessels and included relevant audio recordings from Aris T’ s vessel data recorder(“ VDR”), which recorded all transmissions sent or received by Aris T’ s VHF radio and all voices recorded on the four microphones located on Aris T’ s bridge. At the inception of trial, the court admitted the video reconstruction into evidence and no party contested its accuracy. Id. at 466, n. 2. In effect, the court accepted the video, not just as an illustrative aid, but as an admissible summary of the evidence. The video dominated the ensuing two weeks of trial.
On appeal, the Fifth Circuit affirmed the district court’ s causation findings as not clearly erroneous. In doing so, the Fifth Circuit outlined that the district court did not err in discounting eye-witness testimony about the timing of the failure of certain equipment and instead crediting other expert testimony and evidence( e. g., radar and video footage) that the equipment failed earlier and contributed to the allision. Id. at 474.
The accident reconstruction video played a pivotal role in shaping the Fifth Circuit’ s decision in SCF Waxler Marine L. L. C. v. Aris T M / V. By combining AIS data with audio from the Aris T’ s VDR, the video provided a comprehensive and accurate depiction of the events leading to the allision. Its unchallenged reliability allowed the court to weigh it heavily over contested eyewitness testimony, reinforcing the district court’ s findings. This case underscores the value of demonstrative evidence in litigation, as accident reconstruction videos can distill complex scenarios into clear and compelling evidence, enabling courts to make well-informed decisions.
Conclusion: The Strategic Value of Demonstrative Aids In the high-stakes, technically complex world of maritime litigation, demonstrative aids are invaluable. They educate, engage, and persuade, transforming intricate evidence into compelling narratives that resonate with judges and juries. The legal framework— anchored by FRE 107 and FRE 1006— provides clear guidelines for their use, while case law demonstrates their potential to shape outcomes. p – 2025 BLANK ROME LLP
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