Full opinion text
MENTZ, District Judge. MEMORANDUM OPINION A. INTRODUCTION About October 20, 1984, Hellenic Steel Co., S.A., arranged to ship 1343 packages of steel coils and strips weighing 8746.694 metric tons on board the vessel M/V HANS LEONHARDT for delivery at the ports of Chicago, Detroit, and Windsor/Oshawa. The steel coils and strips were wrapped shortly after rolling and stored in a weather protected warehouse, then transported by truck, covered with tarpaulins, and loaded directly onto the M/Y HANS LEONHARDT at Thessaloniki, Greece. The bills of lading contained no exceptions. Arriving at the St. Lawrence Seaway about November 23, 1984, the Captain was advised of a bridge failure at Valley Field, Quebec, and the cargo destined for Windsor and Detroit was discharged at Montreal on November 30th thru December 2, 1984. The portion consigned to Pinkert Steel at Chicago remained on board and was transported out the St. Lawrence Seaway, along the Atlantic Coast, to be discharged at New Orleans. About December 15,1984, the 586 black plate steel sheets in coil were discharged at New Orleans and delivered to American Commercial Barge Line Co. (ACBL), barges ACBL 2719, 1323 and 3010. After loading by the stevedore, T. Smith & Son, Inc. (T. Smith), clean bills of lading were issued. On the way to the Ceres terminal at Chicago, ACBL became aware that barge 1323 had approximately 2800 to 3000 gallons of water in the cargo hopper. As to ACBL 2719 and 3010, some light “salt and pepper” rust was noted upon discharge at Ceres and the damage figure agreed on by Pinkert and the cargo insurers was 10 percent of the 227 non-waterlined coils which were affected (this amounted to 5.8 percent of all 393 non-waterlined coils in the Pinkert shipment). Discharge began from ACBL 1323 on January 10, 1985. The barge hopper floor was noted to be a bright orange color with ice covering various parts of the floor. Waterlines up to ten inches were noted on the first tier of the coils and a large crack was observed in the hopper. Pinkert Steel rejected all 193 of the “waterlined” or “tidemarked” coils. The carrier, ACBL, and the owner of ACBL 1323, American Commercial Lines, Inc. (ACL), deny any fault or responsibility for the damage to the steel. Defendants contend that ACBL 1323 was staunch and fit and that the damage to the steel resulted from a combination of causes. Defendants allege that the coils were defectively manufactured and inadequately wrapped and that heavy weather in the Atlantic Ocean exposed the coils to saltwater and promoted sweating and condensation. Defendants assert that T. Smith, rather than themselves, is liable for the damage to the steel. Defendants allege that the thirteen-inch crack in the hopper was due to T. Smith’s negligent “drop stowing” of the coils, that T. Smith’s rough handling of the coils loosened the covers on the cans and caused rips, gouges, and indentations in the steel, and that T. Smith negligently failed to use dunnage or other pallets and placed the coils directly on the hopper floor. Defendants further contend that additional damage occurred after discharge at Ceres because the coils remained unprocessed at the warehouse for eight months before being sold. ACBL claims all defenses of the Harter Act, 46 U.S.C.App. § 190-196, namely, the defense of act of God and peril of the sea due to alleged condensation wetting on the trip from New Orleans to Chicago and the defenses of improper packaging and inherent vice. ACL claims that it discharged its obligations to any party by providing three seaworthy barges at the commencement of the voyage. ACBL and ACL further claim that pursuant to the terms of the contract of affreightment, enforceable by virtue of the Pomerene Act, 49 U.S.C.App. § 101, plaintiffs’ loading of the barges constituted an acknowledgment that the barges were seaworthy and acceptable for loading and that plaintiffs assumed all responsibility for loading and stowage of the coils. ACBL and ACL have filed third-party complaints for indemnity against T. Smith, the vessel, and the vessel charters. Pursuant to Fed.R.Civ.P. 42(b), these third-party claims were severed from the main demand and stayed pending the resolution of plaintiffs’ case. This action was tried to the Court without a jury on a prior date. At the close of trial, defendants, ACL and ACBL, each moved that an involuntary dismissal be entered in their favor pursuant to Fed.R. Civ.P. 41(b). The Court took defendants’ motions under submission. The Court directed the parties to submit post-trial briefs addressing the factual and legal issues raised at trial. Having reviewed the evidence, the briefs submitted by counsel, and the law, the Court now renders its findings of fact and conclusions of law in accordance with Fed.R.Civ.P. 52(a). To the extent any findings of fact are conclusions of law, they are adopted as such; to the extent any conclusions of law are findings of fact, they are so adopted. B. GOOD ORDER AND CONDITION IN THESSALONIKI 1. Hellenic Steel Company (Hellenic) of Thessaloniki, Greece, sold 586 coils of cold rolled black plate steel to Pinkert Steel Company of Chicago, Illinois, on a CIF basis pursuant to commercial invoices dated November 1,1984. The CIF commercial invoice price to Pinkert was $460 per metric ton ($20.87 per hundred weight). C. Itoh & Co. (America), Inc. acted as import “sales/claims agent” for Hellenic. 2. The black plate steel sold to Pinkert was manufactured and rolled in Hellenic’s steel plant located on the outskirts of the port of Thessaloniki (approximately 7 kilometers from dockside) during the months of October and November, 1984, under the normal and customary quality control procedures employed by Hellenic. 3. Mr. Zacharias Xiros, Quality Control Manager of Hellenic Steel Company at the time these coils were milled, testified as follows regarding the processing and packaging of the coils. This mill produces cold rolled black plate steel products. The plant was considered to have the most modern equipment in Europe at the time this cargo was shipped. In addition, Hellenic’s inspection system was top of the line for European mills. The entire plant is located under one roof. Thus, the steel is protected from the elements at all times. The processing of the coils is performed in the following manner: i. Pickling line: The function of the pickling line is to remove rust and scales from the raw material used to manufacture the steel. A quality control inspector examines the raw material as it comes out of the pickling line. If the material is not of sufficient quality for the intended customer when it comes off this line, a distressed material (“DM”) ticket is placed on the coil and the coil is re-diverted to another use. ii. Tandem mill: The tandem mill reduces the thickness of the coils by 75%. The production department looks at one out of every three coils after reduction through the tandem mill (cold reducing mill) to check for rolling marks and other problems with the reduced steel. If indicated, a “DM” ticket is placed on the steel. iii. Electrolytic cleaning line: The cleaning line removes oil residue from the coils. Light gauge material passes through the electrolytic cleaning line to remove carbon smudges or residual elements left from processing. The operator running the electrolytic cleaning line examines the material as it is cleaned, looking for, among other things, shapes and buckle defects. All coils are checked at this time and defective coils are tagged with a “DM” ticket. iv. Annealing line: Due to the nature of the operation, the coils are not examined during the annealing process which involves bringing the coils to a very high temperature (650 degrees Celsius) and permitting them to cool slowly. The coils are put in a covered protective atmosphere and heated with burners for approximately 20 hours. The coils are then removed and replaced in a cooling facility. v. Temper mill: This mill refines the shape and surface texture of the coils. The coils are examined (at high speed) as the material passes through two stands of rollers over which the material is reduced slightly. After tempering, 10 percent of the material is chosen for detailed, close-up inspection by inspectors from the quality control department. vi. Recoiling line: During the recoiling process, the coil is recoiled for close inspection to determine whether the material is proper for its end use. If a problem is discovered, the inspector places a “DM ticket” on the coil and the coil is re-diverted to another use. During the recoiling process, the coil may be slit and/or oiled. As per Pinkert’s specifications, approximately two-thirds of the coils shipped to Pinkert on the M/V HANS LEONHARDT were dry (not oiled) coils, and approximately one-third of the coils were oiled. All of the coils had a dull finish (30-60 micro inches CLA roughness). The majority of Hellenic Steel’s customers order the coils dry and coils are delivered that way without problems, though the chance of rust is reduced with oiled coils. vii. After recoiling, the coils are packaged for export. Hellenic Steel Company used packaging type No. 1 on all 586 coils ordered by Pinkert Steel. This requires wrapping the coils air-tight with Hellenic’s anti-corrosion wrapping paper (paper treated with a vapor corrosive inhibitor) and masking tape. Anti-corrosion paper protects against rust by neutralizing moisture. The coil is then wrapped in a blue metal packaging can. A metallic ring is placed on both outer edges of the center hole of the can/coil. Packaging type No. 1 also calls for a steel ring to be placed around the exterior edge of the can/coil, but this steel ring was not placed on the cans/coils sent to Pinkert. Finally, five metal strapping bands one and one-half inches (IV2”) wide are placed through the eye and around the can/coil equidistant from each other. Three metal strapping bands one and one-fourth inches (IV4”) wide are wrapped around the circumference of the can/coil. 4. The coils which comprised the Pinkert shipment were wrapped inside the Hellenic plant within two days of finishing rolling. The coils were stored in a weather protected warehouse and transported by truck to the port (a distance of approximately 20 minutes by road) for direct loading aboard the vessel. The time between wrapping and transport by trucks to the ocean vessel for loading was one to two weeks. No coils reported to have defects were sent to the M/V HANS LEONHARDT for loading. 5. The weather during loading aboard the M/V HANS LEONHARDT was dry. The steel coils were loaded in apparent good order, being free from visual shape or surface defects, and were issued a clean bill of lading. C. OCEAN TRANSIT 6. The ocean vessel M/V HANS LEONHARDT was loaded with the coils destined for Pinkert Steel in Chicago, as well as other coils destined for Namasco Co. and Namasco, Ltd. in Detroit, Michigan, and Windsor, Canada, (a total of 1343 coils) on October 22, 1984, through November 1, 1984. 7. The M/V HANS LEONHARDT sailed from Thessaloniki, Greece, on November 2, 1984. At this point, the Court will refer to several critical areas of the deposition testimony of Captain Uwe Treichel, Master of the M/V HANS LEONHARDT. Before loading the steel coils at Thessaloniki, Greece, the vessel was thoroughly inspected and the holds found “dry, clean, and empty.” After the cargo was loaded under the supervision of the ship’s officers, all hatches were found to be watertight with steel hatch covers thoroughly wedged. The Captain checked the ventilation to make sure the dew point in the hatches was higher than outside. The Captain rejected some of the coils which had been damaged by the stevedores during transloading from the trucks to the ship. 8. The M/V HANS LEONHARDT encountered a heavy gale about four hours west of Gibraltar, and the rolling was heavy with a lot of spray water during a sixteen-hour period. Men were sent to inspect each of the cargo hatches. Although there was some water spray in hatch No. 2, there was none in hatch Nos. 1 or 3. Rust stripper was used to prevent rust from growing. D. MONTREAL OPERATIONS 9. The M/V HANS LEONHARDT arrived in Montreal, Canada, on November 30, 1984. Because a fallen bridge had closed the St. Lawrence Seaway, thus blocking all traffic to the Great Lakes, the coils destined for consignee Namasco were unloaded at Montreal, stored on the docks in Montreal, and thereafter shipped by truck lines to Detroit and Windsor. At Montreal, some condensation to the coils was noted. The stevedores noted some damage to the coils removed “due to rough seas.” Claims regarding damage to the coils unloaded in Montreal and thereafter shipped by road to Detroit and Windsor for delivery to Namasco, were settled by plaintiffs with the ocean carrier interests prior to trial. The surveys (complete with photos) performed on the coils received by Namasco in Detroit and Windsor show that a tidemark line was found on only one can/coil. See Plaintiffs’ Exhibit J4, last photo. 10. Due to a damaged bridge on the St. Lawrence, the remaining cargo destined for Chicago was transported to New Orleans. The M/V HANS LEONHARDT departed Montreal on December 2, 1984, sailed out of the St. Lawrence Seaway, and arrived in the port of New Orleans, Louisiana, on December 15, 1984, to discharge the 586 coils destined for Pinkert Steel Company in Chicago. Again, there was heavy weather on the trip to Louisiana, until the vessel passed Cape Hatteras, North Carolina. The Captain stated that there had been no cargo shifting anytime during the entire voyage. 11. Upon arrival in Louisiana, surveyors were waiting and permitted on board after the captain had received permission to open the hatches. Some rust was noted on the tank tops, but no water reported in the hatches. Discharge was by floating cranes into the ACBL barges, and the captain complained of rough handling by the stevedore, T. Smith. The captain denied that it rained in New Orleans during the discharge from the ship to the ACBL barges. E. NEW ORLEANS OPERATIONS 12. The three river barges, ACBL 1323, 2719, and 3010, designated to carry the coils upriver were owned by ACL and were chartered to and operated by ACBL. 13. It is the policy of ACBL to inspect all barges before they are loaded with cargo. Warren Bourgeois, superintendent of barge inspections for ACBL, inspects the hatch covers on the barge hopper to ensure that they close properly, and also inspects the void tanks and the hopper for cracks or fractures. 14. ACBL’s inspection of the void tanks consists of taking soundings to determine the amount of water in each void tank. Any amount of water over four to six inches is considered indicative of a possible leak. While inspecting the void tanks, ACBL takes into consideration that the barge is empty and that when the barge is filled with cargo the barge will sit lower because a leak located higher up on the void tank may allow water to enter. ACBL inspects the hopper for cracks using a knife, floodlights, and a flashlight. 15. During the inspection of barge 1323, ACBL personnel found cracks in the hopper. The barge was placed on the “bad order” sheet and sent to Louisiana Dock Company (Louisiana Dock) for repairs. Louisiana Dock’s job sheet and the notes of Dewey Dufran, foreman for Louisiana Dock, reflect that on December 14, 1984, among other repairs, thirteen cracks in the boundary of the hopper were welded. The exterior hull of ACBL 1323 was not dry-docked for inspection purposes. 16. When a “bad order” hopper arrives at Louisiana Dock for repairs, the company usually has at least two to three welders check the inner hopper floor and walls for cracks, and then welds all cracks that are found. However, on the date in question, December 14, 1984, Mr. Heyward Hill was the only welder who repaired ACBL 1323. Mr. Hill, who was characterized by his employer as a “first class welder,” testified that he routinely examines the complete hopper for cracks. Floodlights illuminate the dark hopper of the barge which, Mr. Hill stated, provide “more light than you need really.” Nevertheless, hand flashlights are also used by the welders. When inspecting a barge hopper, Mr. Hill first examines the boundary line (the lap all the way around the hopper of the barge) and then checks the floor and the walls. Cracks in the hopper are easily visualized by rust and/or moisture. Mr. Hill uses a chipping hammer and wire brush to check the integrity of each weld. After the job is completed, the foreman inspects the welds to ensure that they are properly repaired. Based on the short amount of time it took to repair the thirteen cracks in the hopper of ACBL 1323, this was a minor repair job. When all repairs indicated on the job sheet are completed, the Louisiana Dock supervisor visually inspects the hopper covers and the void tanks for cracks. Louisiana Dock does not inspect the exterior of the barge unless the time sheet so requests. When the barge repairs are completed, the barge is returned to ACBL, which inspects the barge again to ensure that the barge is clean, dry, and free of cracks. 17.Neither Louisiana Dock nor ACBL perform air tests or hydrostatic tests (water tests) on the barges after hairline cracks are welded. Air testing is performed only on a barge that has sustained substantial damage, such as when a crack opened over a quarter of an inch is repaired. Water testing is not performed because it is difficult to remove the water. These standards conform to the typical shipyard practice in the area. Arthur Sargent, the marine architect, points out that ACBL 1323 sustained periodic cracks in the hopper, sometimes as large as twelve inches (see 12-31-82 repair) prior to the voyage in question. And, subsequent to the voyage, on October 20, 1985, the barge was drydocked to repair a twelve-inch crack in the exterior of the barge. But, considering the evidence as a whole, ACBL 1323’s repair record is not notably different from other barges. Also, the Court is not persuaded by plaintiffs’ allegation that because ACBL 1323 was used in the scrap metal trade five years prior, in 1980, the internal and general condition of the barge had significantly aged, requiring air or water testing before loading. In contrast, it appears that ACBL 1323 successfully traded in the river barge industry for five years immediately prior to the subject voyage. The Court also finds significant the fact that there were no incidents prior to loading the coils in question which would impose a greater than ordinary degree of care by ACBL in their inspection of the barge. Immediately prior to the carriage of the steel coils in question, ACBL 1323 successfully carried meal, and before that grain, and before that coal, and before that aluminum. 18. Transfer of the 586 coils destined for Pinkert Steel from the M/V HANS LEONHARDT to ACBL barges 2719, 1323, and 3010 was accomplished by T. Smith’s crane barges Erin (forward) and Terrence (aft) from 1300 hours to 2100 hours on December 17, 1984, in New Orleans. 19. The subject cargo was discharged over the side of the M/V HANS LEONHARDT directly into the ACBL barges. The stevedore, T. Smith, was hired and paid by Canadian Forest Navigation, Inc. (the time charterer/operator of M/V HANS LEONHARDT) to unload the cargo. 20. The Court finds that there was a fog in New Orleans the morning cargo operations began, but there is nothing in the record to indicate that the fog had any causal relationship to the damage sustained by the coils. Furthermore, there was no evidence of rain or observable water entry into any of the ACBL barges at any time prior to the barge covers being closed by T. Smith and the barges being taken away by ACBL. 21. The chief officer of the M/V HANS LEONHARDT stated that “all cargo was in good order” upon its arrival in New Orleans. When the hatches of the M/V HANS LEONHARDT were opened in New Orleans, surveys were performed by Jeffrey Lawson of Albert R. Lee & Co. (Southern), Inc. (appointed by cargo interests), Dirk Egge of Nautech, Inc. (appointed by vessel’s owner’s P & I), and Captain Thompson and Mr. Smith of Thompson Marine Surveys, Inc. (appointed by T. Smith, stevedore). 22. The testimony is consistent and uncontradicted from the various surveyors in attendance at New Orleans and from the stevedore crew, as well as from other persons such as the M/V HANS LEONHARDT’s captain, that no standing water or waterlined coils were found in the ship's hold during discharge in New Orleans and no waterlined or tidemarked coils were loaded into any of the three ACBL barges during the discharging/loading operations, carried out from 1300 hours to 2100 hours on December 17, 1984. 23. The surveyor appointed by cargo interests, Mr. Jeffrey Lawson of Albert R. Lee & Co. (Southern), Inc., witnessed the unloading of the M/V HANS LEONHARDT and entered holds No. 1 and 2 of the vessel. Mr. Lawson also entered the hoppers of ACBL 1323, 2719, and 3010 after completion of loading. 24. As regards rust damage to the cans/coils in the M/V HANS LEONHARDT, in hold No. 1 Surveyor Lawson saw eleven cans/coils of the Pinkert consignment beneath the air vents, plus six cans/coils aft affected with “heavy splash rust.” See photo Nos. 2 and 3 annexed to Mr. Lawson’s report. Mr. Lawson also noted general “light drip” rust on the remaining exposed top cans/coils in hold No. 1. Additionally, he observed six cans with coil heads portside aft which showed a drip/splash pattern of oxidation. See Id., photo No. 1. These photographs of hold No. 1 have been placed into evidence and do not reflect the tidemark rust damage later found in Chicago in barge ACBL 1323. 25. In hold No. 2, Jeffrey Lawson saw “light drip or splash rust” on 20 cans/coils stowed in the starboard wing and at the transverse bulkhead. See Id., photo Nos. 5, 6, 7, and 8. These photographs also show no “waterlined” cans/coils in the M/V HANS LEONHARDT at New Orleans. 26. In hold No. 3, Surveyor Lawson saw fourteen cans/coils in the port wing which had “moderate to heavy rust.” In addition, ten coils forward showed “moderate to heavy rust in a drip down condition.” See Id., photo No. 11. This photograph, when compared to the photographs of very distinct waterlines or tidemarks on the cans/coils coming out of ACBL 1323 in Chicago, confirm the surveyor’s testimony that no waterlined coils were found in the M/V HANS LEONHARDT. 27. Mr. Lawson performed silver nitrate tests to determine the source of the splash or dripdown rust found on the cans in the holds of the vessel. These tests confirmed that the rust was caused by saltwater. 28. Surveyor Lawson testified that most of the cans/coils in the vessel which were marked with dripdown rust were found in hold Nos. 1 and 3. The majority of the 225 coils that were loaded into ACBL 1323 were discharged from hold No. 2. Specifically, 137 coils came from hold No. 2 and 88 coils came from hold No. 3. 29. As regards the physical damage to the cans/coils in the vessel, Surveyor Lawson noted that five cans/coils evidenced physical damage during the voyage but that the entire stow was generally in good order. Specifically, in hold No. 2 Lawson found four coils with creased cans caused by a slight shifting of the cargo from their position in the stow. See Id., photo No. 7. Mr. Lawson also observed a fifth coil, No. 40654, with a can adrift and two outer wrappers sprung. See Id., photo No. 6. 30. Surveyor Lawson noted some minor “physical” handling damage during discharge, such as strapping bands broken or a few cans disrupted, but this would have no consequence in regard to Pinkert’s claim for waterlined coils because the “cans” in which the coils were placed were not designed to be watertight, so as to exclude the standing water found later in ACBL 1323 when the barge arrived in Chicago. The Court is of the opinion that the waterline damage represents an intervening cause which would relieve the stevedore of liability. 31. The maximum amount of water Surveyor Lawson saw in the holds of the M/V HANS LEONHARDT was puddled water located on the edges of the vessel floor. Mr. Lawson concluded that these puddles were caused by condensation. 32. Mr. Lawson was informed that after the vessel experienced turbulent weather during the ocean voyage, the master ordered the crewmen to mop dry the cargo. Lawson stated that this mopping, although done with good intentions, “may have resulted in masking the degree of wetting and water penetration, if any, to [the] contents of [the] coils.” 33. Plaintiffs’ claims in regard to non-waterline damage to the coils delivered in Chicago were settled with the ocean carrier defendants and no claims are being pursued against ACBL or ACL for such type of rust damage or mill defect. 34. The only water seen in ACBL 1323 in New Orleans was a few scattered, small puddles noted in the shallow indents or depressions in the barge floor. This water was left over from the normal barge washing done at ACBL’s premises to clean the barge hopper of residues from prior cargo. To absorb these small puddles, T. Smith spread sawdust on the hopper floor. Nevertheless, Surveyor Lawson noted that ACBL 1323 had “very isolated puddles and a wet floor” during loading. This condition was also found in ACBL 2719 and 3010. Lawson considered the wet floors to be “of little consequence” but he did observe “a few coils ... placed in puddles which may penetrate to the contents, as shown in photo No. 17” annexed to his report. The Court notes that photograph 17 depicts a can/coil sitting in k inch of water in ACBL 2719, but there was no documentation of cans/coils in ACBL 1323 sitting in a puddle of fresh water. 35. Though the M/V HANS LEONHARDT used dunnage (strips of wood) to elevate the coils from the vessel floor, no dunnage was used in barges ACBL 1323, 2719, or 3010. The Court finds based on the vast majority of the witnesses that, in 1984, when this voyage commenced, it was the custom in the Port of New Orleans not to use dunnage in river barges for the transit of steel coils. Because river barges are “double bottomed” or “double skinned,” they are considered safe from water leakage or water intrusion. 36. The observations made by other surveyors were consistent with those made by Mr. Lawson. Mr. Donald J. Thompson of Thompson Marine Surveys, Inc. observed the unloading of the M/V HANS LEONHARDT and the loading of the ACBL barges in New Orleans on behalf of T. Smith. Mr. Thompson, a surveyor of twelve years experience, noted that there was light to medium surface rust on the cans/coils and heavy surface rust in localized areas in some of the cans/coils inside the holds of the M/V HANS LEONHARDT, but made no detailed count or observation of how many cans/coils were affected. He did not see any waterlined cans/coils in the vessel. He observed that some of the dunnage on the vessel floor was wet from moisture but saw no puddles of water. 37. Roger Smith, a marine surveyor and consultant with ten years experience, made similar observations of the cargo in the M/V HANS LEONHARDT. He stated that the cans/coils appeared to be in a normal condition, but noted evidence of rust and some sweating in all three holds of the vessel and evidence of light drip-down rust generally on the top tier of the coils. 38. Mr. Smith further testified that though the amount of condensation found in the vessel was unusual, there was no collected condensation on the vessel floor because it was crowned so that moisture ran to the sides of the vessel. The combination of the dunnage and the sloped tank top kept the coils in the vessel from standing in water. Though Mr. Smith did not inspect the dunnage on the ship, he assumed that the dunnage was moist because the slope plates underneath the dunnage were moist. 39. The photographs taken by Roger Smith and his colleague, Captain Thompson, during the cargo operations show barge ACBL 1323 to be dry (with the exception of the moist sawdust on the hopper floor) and loaded with coils without waterlines or tidemarks. Neither Captain Thompson nor Mr. Smith saw any coils with waterlines or tidemarks present in New Orleans. When shown pictures of the coils in barge ACBL 1323 in Chicago, Mr. Smith stated that it was apparent that the barge had become flooded. Mr. Smith defined flooding as any amount of water over one-inch deep and covering an area of ten to fifteen square feet. 40. The time sheet for Barry Bachemin, the stevedoring superintendent for T. Smith who supervised the discharge and loading of coils from the M/V HANS LEONHARDT to the river barges, reflects that he was at the job site continually. Though Mr. Bachemin had no recollection of these coils, he stated that he always made a visual inspection of the barges to ensure that there is no free standing water or defect. He also testified that if a barge has a slight list and a substantial amount of water covering a corner or some portion of the barge, the barge would be rejected. Mr. Bachemin further testified that steel barges are not routinely dry and that puddles on the barge floor are generally absorbed by sawdust. Though dunnage is not used when transporting coils in a river barge, he stated that the workers placed wooden chalk wedges on the floor of the barge to hold the coils in place. 41. Mr. Archibold Frazer, an independent marine surveyor, observed puddles of water in the vessel caused by “sweating” or condensation, but stated that the amount of condensation in the vessel was normal and that the water would not have come into contact with the steel because the dunnage was three-fourths to one inch thick. In addition, Mr. Frazer saw four coils with their cans completely off (but their wrappers on) being loaded into barge ACBL 1323. Though Mr. Frazer saw puddles one-fourth inch deep in the barges, he did not see the tidemark waterlines found in Chicago on any of the coils in New Orleans. 42. Mr. Dirk Eggie, a marine surveyor, saw puddles of approximately one inch in height at the edge of the barges but stated that most of the water in the barges was absorbed by sawdust and had dissipated by the end of the day. F. INLAND BARGE TRANSIT 43. After loading the coils onto the barges, the tow left the M/V HANS LEONHARDT at the Chalmette Slip in St. Bernard Parish, Louisiana, and began its journey up river to Chicago. Before departure, ACBL issued a clean bill of lading for the 225 coils of Pinkert’s cargo loaded onto ACBL 1323. 44. The three barges were kept together in the same tow during the movement by ACBL up the Mississippi River. The vessels that pushed the tow were operated by Inland Tugs Company. It is the policy of Inland Tugs Company to check the wires, to exchange rigging, and to check all void spaces on all barges when a tow is exchanged with another vessel. Any indication of a leak in a barge is reported on the company’s deck log. A list on a barge would indicate a leak and would result in further inspection. In addition, every void space is inspected during each change of watch (every six hours). 45. The crew members determine the depth of the water in the void spaces by lowering a five-inch shackle attached to a rope into the void space until it touches the bottom of the barge. Any amount of water over four to five inches is reported to the Captain and then pumped. It is also the company’s policy not to tamper with the customer’s cargo en route. Thus, hatch covers on the barge hopper are only opened to check for leakage as a last resort. 46. The deck logs of the Inland Tugs vessel utilized by ACBL to move these barges upriver show no indication of any leakage in the barge, that any of the void spaces on any of the barges required pumping, or that any of the barges were listed. The logs, however, indicate that on at least one instance (mile 173 of the Illinois River on 1/5/85) the tow went aground. An inspection by crew members revealed that this was not a serious grounding and that there was no damage to ACBL 1323. All three barges encountered the same weather conditions and arrived at ACBL’s barge fleeting and maintenance facility at Lemont, Illinois, on January 7, 1985. G. DETERMINING THE SOURCE OF THE WATER IN ACBL 1323 47. It is the policy of ACBL to inspect all incoming ACBL barges. Mr. Mark Smith, the ACBL barge maintenance supervisor on duty that morning, commenced an inspection of the barges at 8:30 a.m. on the morning of their arrival. 48. Mr. Smith noticed a two to three foot list on ACBL 1323. This list had not been reported by any of the tug boats. Upon opening the roll-top hopper cover at the listed end of ACBL 1323, Mr. Smith found an estimated eight inches of water in the port stern corner. The water was a clear (non-murky) orange from the rusty coils. Mr. Smith proceeded to inspect the wing tanks which surround the cargo hopper. He found normal water accumulations with the exception of the No. 1 wing tank, wherein he found approximately eighteen inches of green river water. 49. Before proceeding further with his inspection, Mr. Smith told Crestville Marine, Inc., a local barge repair company, to pump the barge. Mr. Smith then reported the damage to Mike Ash with the ACBL claims department. Mike Ash told Mark Smith not to pump the barges until Richard Heiss was able to view the damage. Mr. Ash immediately phoned Mr. Richard Heiss, an independent marine surveyor who routinely handles eighty to ninety percent of the surveys required by ACBL in the Chicago area, and requested that he inspect the barges and their cargo. 50. Approximately thirty minutes later, Mr. Heiss arrived at the ACBL Lemont Slip. He immediately noticed that ACBL 1323 had a significant list to the port stem comer. Heiss took draft readings which affirmed his visual observation that the barge had a significant list. Heiss measured eight feet, two and one-half inches (8' 2V2") in the port forward corner; seven feet, seven inches (7' 7") in the starboard forward comer; nine feet, one and one-half inches (9' IV2") in the starboard aft corner, and nine feet, seven inches (9' 7") in the port aft comer. The barge was heaviest at the port stem comer. The bow starboard comer was lighter and higher than the other comers. 51. Both surveyors noted that the roll-top hatch covers were locked and watertight, having no leaks, holes, or cracks. There were no water stains on the tops of the coils or the walls of the hopper evidencing leakage through the covers. 52. A visual inspection of the cargo hopper revealed that the coils in the port stern comer were immersed in orange, rusty water. Measurements of the depth of the water in the hopper were taken. Heiss estimated that approximately 50, 60 to 75 percent of the hopper floor was covered with water. Mark Smith also stated that the water did not cover the entire hopper floor. Nevertheless, Mark Smith noted patches of ice and rust which indicated that at one time water had covered the entire floor of the hopper. He also noted that the waterlines on the coils gradually became higher as the coils became closer to the stem port comer. Smith estimated that ninety to ninety-five percent of the coils were exposed to the standing water. The Court finds that the following report Heiss submitted soon after his inspection in an accurate and concise summary of amount of water in the inner hopper: Examination of the cargo compartment of barge ACBL 1323 disclosed water to be generally extending over the full length of the cargo compartment from bow to stern to an approximate maximum depth of eight inches noted at the port aft corner. Water extended generally over the full width of the cargo compartment aft, though over the forward approximate one quarter of the cargo compartment and particularly along the starboard bulkheard, water was noted only in tank top set downs and/or corrugations to a depth of approximately one-half inch maximum. It appeared, however, that all of the approximately two hundred twenty-five (225) coils of cold rolled steel loaded onboard the subject barge, with the exception of seven (7) second tier coils, had been exposed to the standing water. Water/ice lines found on the coils ranged from a minimum of approximately one quarter inch at the starboard forward corner of the cargo compartment to approximately eight inches maximum noted at the port after corner of the cargo compartment. (See photos Sec. 85-07, Negs. 1-9). Cargo Damage Survey submitted by Richard Heiss, Plaintiffs’ Exhibit R-l, p. 3. 53. At trial, Heiss stated that there were water and ice lines on some coils which were higher than the waterlines in the corresponding area in the barge, indicating that water had been higher on some sections of the barge than what he reported by measuring the water height in the barge. 54. Mr. Heiss also measured the accumulation of water in the void compartments. He reported the following normal water accumulations: Bow compartment 4*/water # 1 compartment Port IVwater Starboard Dry # 2 compartment Port Dry Starboard Dry #3 compartment Port 4Vwater Starboard Dry #4 compartment Port 4%*/water Starboard Dry # 5 compartment 4Vwater Starboard Dry Stem compartment 3"/water See Court Exhibit A, attached, for diagram. In contrast to the orange, rusty water in the cargo hopper, the water in the void compartments was greenish and indicative of normal river water. 55. It appears that the pumping operations began before Mr. Heiss arrived at the Lamont Slip to inspect ACBL 1323. Mark Smith denied that he pumped any of the water out of ACBL 1323 before the arrival of Mr. Heiss. Mr. Heiss, however, stated at trial and reported in his survey report that the approximately eighteen inches of water in the No. 1 wing tank had been pumped by Mike Ash prior to Heiss’ arrival. 56. Richard Heiss and Mark Smith made a detailed inspection of the No. 1 void tank. Each entered the No. 1 void compartment with a knife and a flashlight. Neither surveyor testified that they found a leak in the No. 1 void space. 57. After the water was pumped from ACBL 1323, the cargo unloaded, and the hopper cleaned, Mark Smith and Richard Heiss were able to see cracks in the hopper. They found a crack thirteen inches long and visibly open to the eye located in the port cargo compartment boundary angle/tank top weld seam. The fracture leads to the port bow No. 1 wing tank area. Examination of the hopper after it was cleaned and repaired by Cresthill Marine revealed ten small cracks, but none of these cracks were opened. No amount of water could have entered through these tiny ten cracks. Rather, the area near the cracks would have just been damp. Crest-hill Marine found a hairline fracture in the exterior hull located at the nine-foot draft mark in the low starboard comer. Though the fracture could have been below the waterline when the barge was loaded, it was too small to admit water. 58. Mark Smith was unable to determine how the water came into the cargo hopper of ACBL 1323. Richard Heiss also testified at trial that he was unable to determine the cause of the entry of the water. However, in his written report dated January 7, 1985, he set forth the following conclusion regarding the source of the water: “It is the opinion of the undersigned surveyor that the water found in the cargo compartment of barge ACBL 1323 on 1/7/85 probably entered the cargo compartment from the # 1 mid-body compartment through the approximate 13" fracture of the cargo compartment port boundry angle/tank top noted herein.” 59. Mr. Heiss did not conduct diagnostic testing to determine how the water got into the No. 1 mid-body compartment, which in turn leaked into the hopper compartment through the fracture he found. He was not asked by ACBL to make further inquiries or inspections. However, on cross-examination, when Mr. Heiss stated that he was unable to determine how the eighteen inches of water entered the No. 1 mid-body compartment, he acknowledged stating at his deposition that [tjhere’s a variety of means by which [the water] may have entered. It may have been placed there as ballast water to trim the barge or change the attitude of the barge, possibly a tug, a ship, or a towboat may have stripped a holding tank and, because of Coast Guard regulations, et cetera, did not want to pump it directly into the river and found this convenient barge to pump this and it happened to be the No. 1 void compartment. Depo. of Heiss, p. 127. 60. Naval architect Arthur Sargent, an experienced and reputable marine engineer, personally inspected ACBL 1323 in August, 1987. After the inspection, and after reviewing various barge plans, survey reports, photographs, barge files, and depositions, Mr. Sargent testified regarding the area where the thirteen-inch fracture was found. The thirteen-inch fracture was located in a weld where the lapped flange of the cargo box side bulkhead meets the tank top. This was reported to be about fifteen feet, six inches aft of the cargo box forward bulkhead. Mr. Sargent also reviewed the repair ticket of Crestville Marine regarding repairs to the ten cracks found in the hopper compartment and the thirteen-inch crack located at the port cargo compartment boundary angle/tank top weld seam. 61. Mr. Sargent was of the opinion that the cargo hopper of ACBL 1323 was not built for a maximum watertight integrity as only one side of the hopper side lap was welded to the hopper bottom. Mr. Sargent added that if a watertight tank compartment was desired, the lap should have been welded continuously at both the heel and the toe of the flanged plate. 62. Extensive testimony was taken from Dr. Dupree Maples, a professor of mechanical engineering at Louisiana State University who was qualified as an expert in thermal and fluid operations, to prove that the 2800 to 3000 gallons of water in ACBL 1323 upon its arrival in Chicago was the result of condensation from the nineteen-day journey upriver. The Court cannot accept the allegation that 2800 to 3000 gallons of water accumulated in the cargo compartment of ACBL 1323 when the two sister barges of similar design and construction arrived in Chicago with their cargo secure. If Dr. Maples’ condensation theory were accurate, ACBL 1323 would condense thousands of gallons of water every trip up the Mississippi River in the winter. The existence of the thirteen-inch crack at the boundary angle between the No. 1 mid-body compartment and the hopper is undisputed and corroborates plaintiffs’ version of the incident. The Court finds that the 2800 to 3000 gallons of water entered the hopper through this crack and was not caused by an accumulation of condensation. 63. Assuming arguendo that Dr. Maples’ condensation theory is correct, the Court accepts the testimony of Arthur Sargent that such a barge is not suitable for the carriage of steel coils upriver in the winter. 64. Plaintiffs suggest that water may have entered the cargo compartment through a hatch cover and dripped down the hopper wall. See depo. of Mr. Zeiber. However, Mr. Heiss and Mr. Smith repeatedly stated that the hatch covers were firmly closed and intact upon the barge’s arrival in Chicago. Furthermore, there was no evidence that the hatch covers were opened during the voyage upriver. Accordingly, the Court finds that the water in ACBL 1323 did not enter through the hatch covers. H. CHICAGO OPERATIONS 65. The wing tank and the cargo compartment of ACBL 1323 were pumped on the morning of January 7, 1985. On January 8, 1985, ACBL 1323, 2719, and 3010 were taken to the Ceres Terminal in Chicago, Illinois, for unloading. The terminal discharged the coils by means of crawler cranes outfitted with coil clamps and forklift trucks outfitted with coil adapters. Discharge operations proceeded at a rate of 35 to 40 coils per hour and took three days to complete. 66. Cargo discharge of ACBL 2719 commenced on January 9, 1985. Mr. Peter Zeiher, representing Tokio Marine Management Cargo interests was the only survey- or present. He “noted some physical damage to the coil wrappers, prior to their being lifted out of the barge.” Depo. of Zeiher, p. 22, In. 16-17. He also observed that the “wrappers showed varying amounts of atmospheric rusting, some evidence of dripdown.” Id. at In. 23-24. No additional damage was noted during the discharge of ACBL 2719. ACBL 3010 was discharged on January 11,1985. No waterline damage was noted on these coils either. 67. Cargo discharge of ACBL 1323 commenced on January 10, 1985, at 8:00 a.m. and was completed at 4:30 p.m. Surveyor Zeiher was joined by Surveyor Richard Heiss of Independent. Marine Associates. Though Surveyor Heiss knew that there were serious problems with ACBL 1323, he did not give Surveyor Zeiher any background information on the barge. Discharge operations had not yet commenced when Richard Heiss arrived. 68. Surveyor Heiss looked into the barge prior to opening the hatch covers and saw only residual water in the cargo compartment. Otherwise, the barge was in the same condition as it was at the time of his initial inspection. When the hatch covers on ACBL 1323 were removed, the surveyors observed that the entire hopper floor was a bright orange rust color and exhibited some ice formations. 69. Like the cans/coils in ACBL 2719 and 3010, the cans/coils in ACBL 1323 evidenced atmospheric rusting on all of the cans and dripdown rust patterns on some of the cans. The dripdown rust was caused solely by the conditions aboard the M/V HANS LEONHARDT. However, the cans/coils aboard ACBL 1323 also had distinct waterline damage. 70. All of the bottom tier cans/coils in ACBL 1323 had waterline marks of varying heights from one inch to ten inches caused by sitting in standing water. Seven cans/coils were stowed in the second (top) tier, which were used as “locking coils”. The second tier cans/coils had no perceptible waterlines on them. 71. Surveyor Zeiher, who entered ACBL 1323 to measure the height of the waterlines, noted that the highest waterlines were present in the aft section of the barge. He also observed standing water in the port forward corner. 72. Apart from the rust markings on the cans/coils, Surveyors Heiss and Zeiher observed that some of the cans/coils in all three barges exhibited some physical damage. Both surveyors noted that some of the outer protective cans were shifted, torn, and/or gouged, thus allowing the contents in the can to be exposed. The protective can, which encased each coil, was not watertight. Thus, the can did not have to be damaged for water to seep through the can and into the coil. There was no evidence that the undamaged cans/coils exhibited more severe tidemark damage than the damaged cans/coils. 73. The coils discharged from ACBL 1323, 2719, and 3010 were transferred by crane directly from the barges to a landing area referred to as the hardstand. The weather during discharge was overcast with intermittent, extremely light, snow flurries. It is the practice of Ceres Terminal to clear the hardstand of snow and debris with a front-end loader before the coils are discharged. 74. The coils were carried in the air by forklift truck a distance of fifty yards and set down just inside the doorway of the warehouse. Another forklift truck retrieved the coils and moved them to a location inside the warehouse for storage. It is the practice of Ceres Terminal to remove any snow that accumulates on the top of the cans/coils before placing them in the warehouse. 75. The warehouse provided by Ceres Terminal to store these coils measured two hundred feet square, was made of corrugated steel, was insulated, heated, and had an asphalt floor. The building was not heated while the cargo was being discharged, as several of the large entrances to the warehouse were open. As per the instructions given to Ceres Terminal, the coils were segregated by bills of lading. It was Ceres’ policy to store coils in a pyramid stack. Though Ceres Terminal on occasion placed dunnage underneath the steel coils at its warehouse, dunnage was not used in the case at bar — the coils on the bottom of the pyramid stack were placed directly on the warehouse floor. The waterlined coils were segregated from the non-waterlined coils at a much later date at the request of Pinkert Steel. 76. After the unloading at Ceres Terminal, ACBL 1323 was returned to Cresthill Marine to be cleaned, inspected, and repaired. Repairs were completed on ACBL 1323 on January 11, 1985. After the repairs to ACBL 1323, the barge was used in the grain trade without any complaints of water in the cargo compartment or void spaces. I. CARGO DAMAGE SURVEYS/METALLURGICAL ANALYSIS/SALVAGE SALE 77. The first survey of the Pinkert coils was held on February 15, 1985. Subsequent inspections were held on May 9, June 12, and June 21, 1985, at Cox Metal Processing Company in Chicago, Illinois. At each inspection, representative coils were run over a slitting line and recoiled for detailed examination. By the February 15th inspection, Pinkert Steel had rejected all 586 coils that had been unloaded from the three ACBL barges. The sheet surface of the portion of the coils which had been subjected to waterline damage exhibited dark rust staining over the full width of the sheet. Almost every coil exhibited a light speckled or scattered type rust staining generally over the full area of the sheet, referred to as salt and pepper rust. Additionally, some linear streaking was observed. 78. The Court, after reading the numerous depositions introduced at trial and reviewing the testimony of the witnesses who testified at trial, finds that: 1) the water/rust lines noted on the coils in ACBL 1323 were the result of the coils having been exposed to standing water to the approximate level or depth of the waterline; 2) that the linear streaking found on only a few of the coils was caused by a mill defect; and 3) that the speckled, or salt and pepper rust resulted from a mill defect and/or self-sweat (condensation). This linear streaking and salt and pepper rust were also observed on coils unloaded from ACBL 2710 and 3010, and hence were unrelated to the waterline damage. The Court also finds that the salt and pepper rust condition, caused by condensation and/or mill damage, and the linear streaking were insignificant and had little impact on the commercial value of the steel. 79. Mr. Boltz, with the assistance of Mr. Heiss, determined which coils from ACBL 1323 had waterline marks. Mr. Boltz had arrived at a figure of 197 water-lined coils and Mr. Heiss corrected it to 193 coils, a figure then accepted by Mr. Heiss. Defendants now contend that the coils were stored in a manner which did not provide access for accurate inspection to determine the extent of damage to the coils. The Court is of the opinion that any such complaints should have been made contemporaneously with the discharge operations and inspections. Both Mr. Boltz and Mr. Heiss are marine surveyors whose qualifications are well recognized and there is no reason to doubt the accuracy of their figures. 80. It is uncontroverted that the waterlines on the protective cans matched the waterlined condition of the coils inside the cans. Each coil inspected exhibited a distinct waterline, which was slightly shorter than the waterline on the can, and a faint rust line which, when added together, corresponded to the waterline height on the can. Analysis of the waterlined portion of the Pinkert coils immersed in ACBL 1323 revealed that the corrosion was not caused by seawater. 81. It was commercially impracticable to “crop out” the patchy rust sections of the waterlined coils. The waterlines on the coils removed from ACBL 1323 ranged from 1 inch to 10 inches in height. Mr. Richard Chaple, an expert in steel sale and salvage with over forty-three years experience in the business whom the Court found highly credible, testified that a coil with a waterline two inches high destroys 40 percent of the coil. Dan Newman, a metallurgical engineer who observed the coils at Cox Metals, found that 50 to 60 percent of the total coil surface was affected by stains. 82. “Salt and pepper” is simply a common terminology describing a multitude of faint rust spots in an indefinite pattern. Salt and pepper rust can be caused by the entrapment of moist air during coiling or canning operations at the mill, which over subsequent months, will cause reaction with the steel and the oxidation of the steel surface. Salt and pepper rust can also be a function of the atmosphere that is present within the banded sealed coil of steel. The salt and pepper rust on the coils in ACBL 1323 was imperceptible to the touch and was removable by pickling or other such treatment. Mr. Newman testified that the salt and pepper rust could, in fact, be rubbed off with a pencil eraser. 83. Though Pinkert initally rejected all of the coils in the consignment, Pinkert later accepted all 393 non-waterlined coils. The Court finds that whether the salt and pepper rust affects the value of the coil to consignees depends on the ultimate use of the steel. Though the salt and pepper rust “would be of a great deal of interest to certain ... manufacturers, ... it would be of virtually no interest to other manufacturers.” Depo. of Boltz, p. 138, In. 7-9. Mr. Sinnokrak was of a different opinion, believing that end use manufacturers and processors reject coils affected with salt and pepper rust. See depo. of Mr. Sinnokrak, p. 159, In. 11-17. The Court rejects Mr. Sinnokrak’s contention because the weight of the evidence established that salt and pepper rust is often observed on steel coils, that manufacturers routinely purchase such coils for a variety of end uses, and that such condition has little impact on the commercial value of the coil. 84. Mr. Boltz prepared the appropriate salvage sale solicitation letters and sent them to a list of thirty-two potential salvage bidders. By comparing Mr. Boltz' list of potential salvagers to Mr. Fred Garvin’s list, it is obvious that the same firms were notified by Mr. Garvin and Mr. Boltz. Boltz’ salvage sale of the 193 coils obtained a total of $158,359.77, or $6.26 per hundredweight, which sum was paid to Pinkert Steel. J. CONTRIBUTORY NEGLIGENCE AND MITIGATION OF DAMAGE 85. Defendants contend that plaintiffs were contributorily negligent in failing to package and ship the coils in accordance with U.S. Steel practices. Defendants contend that the Pinkert coils should have been packaged and shipped in accordance with the standards of the American Standard Testing Material Society (ASTM). Many of the coils were ordered without oil (“dry”). Defendants argue that all the coils should have been oiled to preserve their condition during the voyage. Defendants have also submitted evidence that tests performed on the wrapping paper reveal no presence of a rust inhibitor within the paper, or a wax or oil to serve as a vapor barrier. Absence of such vapor barrier, oiling, and rust inhibiting chemicals, defendants allege, establishes that the packaging of the coils did not comply with ASTM A700. Additionally, defendants allege that the coils should have been ferro coated and vacuum wrapped and placed on dunnage during shipment. 86. Regarding the packaging of the coils, the clear weight of the evidence reflects that neither the oiling of the coil nor the anti-corrosion paper would have prevented or significantly reduced the severe waterline rust damage sustained by the ACBL 1323 shipment. Defendants have not presented any evidence indicating that waterline rust on the non-oiled coils inspected at Cox Metals was noticably different from the waterline rust on the oiled coils. In fact, there was substantial evidence that the area of the sheet adjacent to the waterline was clean and that these undamaged areas had no oil coating on them at all. See, e.g. depo. of Sinnokrak, p. 61-62. The Court finds that the oil coating and the anti-corrosion paper would only prevent or diminish the salt and pepper rust. The Court's reduction of the value of the coils by 5.8 percent includes any diminution of value caused by salt and pepper rust. 87. The Court also rejects defendants’ contention that the coils should have been ferro coated and vacuum wrapped. Mr. Thomas Watmough, defendants’ own expert on the packaging of steel coils was not even familiar with the process called ferro coating. See depo. of Watmough, p. 46, In. 4-9. When asked how these coils should have been packaged, he stated, “... and maybe vacuum wrap would be appropriate, okay, too, for voyages of this length.” Id. at 45, In. 16-18. Mr. Sinnokrak testified that ferro coating is usually a green or blue very visible coating and that some people specifically request that it not be furnished because it “tends to gum up their machinery when the coil is processed.” Depo. of Sinnokrak, p. 63, In. 14-20. Thus, based on the evidence presented to the Court, the Court finds that processes of ferro coating and vacuum wrapping are not standarized packaging procedures commonly used in the shipment of steel coils. For the reasons set forth above, defendants’ arguments regarding packaging have no effect on plaintiffs’ award for waterline rust damage. 88. The Court finds that plaintiffs were not contributorily negligent in not ordering dunnage placed under the coils. The testimony by both plaintiff and defendant witnesses, with little exception, was that at the time of the Pinkert shipment, dunnage was customarily not placed under steel cargo for inland barge travel and was not necessary considering that the barge was “double skinned.” 89. Defendants also present several mitigation of damages defenses. The Court will respond to each consecutively. Defendants contend that plaintiffs unreasonably failed to dry or remove as much moisture as possible from the waterlined steel. The Court finds defendants' evidence on this point inconclusive. Mr. Sinnokrak, when asked about the feasibility of spraying an oil inhibitor on the coils to reduce further damage, recognizéd that this would be an expensive process and that the propriety of pursuing this course of action would depend on the costs involved. Because this procedure was not performed, Mr. Sinnokrak “Presume(d) someone was weighing those costs against the actual value of the steel and/or its ultimate diminished value.” Depo. of Sinnokrak, p. 88, In. 1-4. As to whether plaintiffs acted unreasonably in failing to wash down the coils, more specific evidence of the economic feasibility of this procedure is necessary. More importantly, defendants did not adequately explain how the steel would be “dried.” When asked about the “drying” process, Mr. Mark Hineman, the only witness who unequivocally stated that these coils should have been dried, responded, “Again, it’s starting to get out of my area of expertise.” Depo. of Hineman, p. 98, In. 25, p. 29, In. 1. Mr. Gavrilovic, simply said, “It’s better to dry (the steel) immediately____ It will corrode less than to leave it wet.” Depo. of Gavrilovic, p. 43, In. 5-8. Again, no explanation of how this would be accomplished was given. For all of the foregoing reasons, the Court will not reduce plaintiffs’ award for failing to “dry” the steel. 90. Defendants presented insufficient evidence to support their argument that stacking the waterlined coils with the nonwaterlined coils affected the condition of the coils. Plaintiffs only claim damages for the 193 waterlined coils removed from ACBL 1323. There was no evidence that stacking clean coils with waterlined coils would further damage the waterlined coils. Defendants’ evidence only indicates that if there were water in the waterlined coils, it would have been possible for the water to migrate to the non-waterlined coils. 91. The Court rejects defendants’ contention that the cans/coils removed from ACBL 1323 were placed in puddles of water just inside the Ceres warehouse doors.