94
ately for repairs, there would be no recovery for loss of use and the
shipowner would lose a substantial amount of revenue. Therefore,
the time for the repairs in many of these cases does not even begin
for over a year after the casualty.
In addition to that, if you were talking about a judicial review, I
think you would like to have the repairs and the damage claim fi-
nalized sufficiently in advance so that negotiations could take place
before litigation is begun.
Mr. HUBBARD. It seems as though 2 years would be a--
Mr. GOTIMER. In our experience, 2 years is often very, very diffi-
cult.
Mr. BURKE. Mr. Chairman, if I may address that?
Mr. HUBBARD. Yes.
Mr. BURKE. Mr. Beale, who will testify after this panel finishes,
reminded me that there is a uniform act providing for a maritime
personal injury statute of limitations of 3 years.
Mr. HUBBARD. Thank you.
If a vessel is damaged in the canal and is repaired before the
claim is settled, who pays for the repairs?
Mr. BURKE. In the first instance, the owner and the owner's hull
underwriters pay for the repairs. Then the bill is submitted to the
Panama Canal Commission.
Mr. HUBBARD. Thank you. We would like to ask that written
questions be submitted by the members of the subcommittee to the
witnesses for answers for the record. I know Mr. Lent, Mr. Tauzin,
and Mr. Carney would have had some questions if they were here
right now. They were tied up on other matters this afternoon,
either on the House floor or in their offices. So we would send
those to you later, if they do, indeed, have questions.
Thank you so much.
Mr. GOTIMER. Thank you.
Mr. LUCIANO. Thank you, Mr. Chairman.
Mr. CORRADO. Thank you.
Mr. HUBBARD. We will now hear from Mr. Brown and Mr.
Beale-and if it wouldn't be too much out of line, I would ask Mr.
McAuliffe to be considering the possibility after brief comment at
the conclusion to counter or give a different viewpoint as to what
has been said since the time that you and Mr. Gianelli testified.
I know many things have been said and that you have sat there
and been silent; but at the very end we would give you the chance,
if you would like, to take 5 minutes or so to counter. If one of the
other witnesses wishes to add one more comment such as Ernie
Corrado or Peter Luciano or someone else, we would permit that.
We are happy to have Mr. Richard H. Brown, Jr., attorney with
the law firm of Kirlin, Campbell & Keating, the same law firm
Harry Gotimer is with, with offices in New York and Washington.
Mr. Brown represents the American Steamship Owners Mutual
Protection & Indemnity Association, Inc.; Mr. Almer W. Beale, II,
will be next.
We will hear first from Mr. Brown and then from Mr. Beale, an
attorney with the Toole, Taylor, Moseley & Joyner law firm in
Jacksonville, Fla. They represent the Maritime Law Association of
the United States.