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Wardell v. Department of Transportation

884 F.2d 510 (1989)

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Wardell v. Department of Transportation

United States Court of Appeals for the Ninth Circuit
884 F.2d 510 (1989)

AR

Facts

Captain Olney Wardell (plaintiff) was the pilot of a vessel when that vessel hit a stationary dock. Because of the accident, the National Transportation Safety Board (board) suspended Wardell’s merchant marine’s license. Wardell sought review of the board’s order through the Department of Transportation (department) (defendant). Wardell argued that the board had not shown any proof of his negligence during the collision. The department responded that when a moving ship collided with a stationary object, the collision was presumed to be the fault of the moving ship, and that because Wardell had not provided any evidence to rebut that presumption, the license suspension was lawful. Wardell appealed the decision, arguing that the presumption of fault was unlawful.

Rule of Law

Issue

Holding and Reasoning (Trott, J.)

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