SEARCH

Phillips v. Sea Tow/Sea Spill of Savannah

Marine salvage is not an available remedy in Georgia state courts under the savings to suitors clause.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

After voluntarily rescuing a vessel that was in peril on the high seas, Sea Tow/Sea Spill of Savannah, a marine towing service, filed an action in state court against the boat’s owner seeking a marine salvage award. The trial court dismissed the complaint, finding that Sea Tow’s claim could only be brought in federal admiralty court. The Court of Appeals of Georgia reversed,1 and we granted certiorari to consider whether Sea Tow could pursue a claim for marine salvage in state court. Because we find marine salvage is a remedy that is within the federal admiralty courts’ exclusive subject matter jurisdiction, we reverse the court of appeals’s contrary holding. However, we affirm the judgment because we conclude that Sea Tow’s complaint states a claim for quantum meruit, which is cognizable in state court.

According to the allegations in the complaint, in late May 1998, Robert Phillips abandoned his twenty-five foot sport fisherman boat, the Oosi Marine , after it capsized in the Atlantic Ocean, several miles off of the coast of Georgia. A few days later, Sea Tow located and rescued the vessel. Phillips knew that Sea Tow was searching for his vessel. Sea Tow subsequently sued Phillips for $15,000 based on its salvage services. The trial court dismissed the action, holding that Sea Tow’s claim was for “pure salvage which may only be prosecuted by an in rem action before a federal court sitting in admiralty.” In reversing, the court of appeals held that Sea Tow’s claim was “essentially a common law claim for quantum meruit for services rendered” and could be brought in state court.2

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

Southeastern Legal Awards 2025

May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.

Learn More

GlobeSt. Healthcare Real Estate 2024

December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!

Learn More

ThinkAdvisor LUMINARIES Awards 2024

December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.

Learn More

Associate Litigator

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...

Apply Now ›

Gwinnett County: State Court Staff Attorney

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...

Apply Now ›

Corporate Counsel

CORE RESPONSIBILITIES AND TASKS:(1) Tasks and responsibilities include:Reviewing and negotiating commercial agreements for internal business...

Apply Now ›