Page 30: of Marine News Magazine (March 2012)

30MNMarch 2012 that its captain was improperly trained.? (Trico Marine Assets Inc. v. Diamond B Marine Servs., 332 F.3d 779 (5th Cir. 2003)) ?At trial, the plaintiff's expert, Dr. Nelson, testified that Marceaux was ill-trained for the task he was assigned to perform aboard the M/V LAKE CHARLES. Marceaux confirmed his lack of knowledge regarding his ability to lift the crossover hose using the procedures he had been taught by Conoco and testified as to how the attempted lift injured his back. In addition, there was testimony offered as to the lack of mechanical devices to aid him in the off-loading operation. There was clearly sufficient evi- dence for the jury to find that the vessel was unseaworthy due to an improperly trained crew and that the vessel?s unseaworthy condition was a legal cause of injury to the plaintiff.? (Marceaux v. Conoco, 124 F.3d 730 (5th Cir. 1997))CONCLUSION Proper vessel crewing, or manning, while it begins with compliance with U.S. Coast Guard statutory and regula- tory requirements, does not end there. The crewing obli- gation also encompasses ensuring that a sufficient numberof crewmembers are assigned to perform specific work, that the crewmembers aboard are competent and proper- ly trained, and that they are capable of demeaning them- selves in such a way so as not to injure other crewmem- bers or property. Fred Goldsmith is an attorney licensed to practice in Pennsylvania, West Virginia, and Ohio, who focuses his practice on admiralty & maritime litigation with Pittsburgh-based Goldsmith & Ogrodowski, LLC (www.golawllc.com). He can be reached at [email protected] finance source, be prepared to provide docu- mentation to prove your business and financial condition. If you are currently in business, these will include: Three years of personal and business financial statements;Three years of tax returns; Current quarter and historic quarter financial statements;Business licenses or other pertinent federal or state documents;Resumes of all principals and management; Copies of leases for operating location(s); Letters of interest from potential or current customers.If you are a start-up or other new venture, your profor- mas ? hypothetical financial figures based on previous business operations for estimate purposes ? will be criticalin evaluating the viability of your request. LAUNCHING : ANDSTAYING AFLOAT The United States Small Business Administration offers guidance in writing a business plan. You may want to see what they have to say. Your completed document should reflect the effort you have made in assembling and ana- lyzing your data. Your narrative sections should let your professionalism and depths of understanding of the industry come through. And, just as important, is having your business plan read, evaluated and understood ? in advance ? by a finance source who knows the real value of your dreamboat. SBA on the Web: http://www.sba.gov/category/navigation- structure/starting-managing-business/starting-busi- ness/writing-business-plan.Richard J. Paine, Sr. is a recognized authority on U.S. commercial marine lending and leasing. He can be reached at [email protected](Continued from page 29) MN#3 (18-31):MN 2011 Layouts 3/2/2012 9:52 AM Page 30