Hypothetical Attorney ("HA") for deceased passenger of dinghy who died from injuries suffered in a collision with a powered vessel that t-boned the dinghy on its port side in the dark, questioning the captain of the ill-fated dinghy.

HA: Mr. Jib, were you the captain of the dinghy in which your friend died?

SJ: Yes.

HA: Did you have any flashlights aboard your dinghy capable of showing a white light prior to and at the time of the collision?

SJ: Yes, as we were required to by COLREG 23.

HA: Was your dinghy actually displaying any type of light prior to or at the time of the collision?

SJ: No.

HA: The injured passengers In your dinghy have testified that you instructed them not to turn on any flashlights because you wanted to preserve your night vision. Did you do that?

SJ: Yes.

HA: With your night vision perfectly intact, did you see the other vessel on an intersecting course with yours?

SJ: Yes.

HA: Did you take any action in an attempt to avoid a collision?

SJ: Not initially, because my dinghy had the right-of-way as the stand-on vessel.

HA: Did you hear the captain of the other vessel testify that he did not give way because although he was keeping a lookout, he observed no lights and was unable see your dinghy until just before impact.

SJ: Yes.

HA: On the night of this collision, were you aware of COLREG 17.b., which provides that when, from any cause, the stand-on vessel finds herself so close that collision cannot be avoided by the action of the give-way vessel alone, the stand-on vessel must take such action as will avoid a collision?

SJ: Yes.

HA: What did you do?

SJ: When I saw that the other vessel was not going to stop or alter course, I tried to do so, but it was too late.

HA: In hindsight, do you think this accident might have been avoided if someone in your dinghy had been displaying a white light for the captain of the give-way vessel to observe and react to?

SJ: Yes, … but that would have hindered my night vision.

Verdict For Plaintiff.