DATE: Thursday, October 16, 1997            TAG: 9710160547

SECTION: LOCAL                   PAGE: B4   EDITION: FINAL 

SOURCE: BY MARC DAVIS, STAFF WRITER 

DATELINE: NORFOLK                           LENGTH:   57 lines

BEACH SURVEY OF INLET DEPTH USED TO ADVISE BOAT CAPTAIN, JUDGE TOLD

A marina manager testified Wednesday that he relied on a water-depth survey by the city of Virginia Beach when he told a yacht captain how to weave through sand-clogged Rudee Inlet, just before the $1.5 million boat ran aground.

The manager, John Crowling of the Virginia Beach Fishing Center, was one of eight witnesses to testify Wednesday in federal court.

The trial will determine who is to blame for a $1.5 million yacht that ran aground at the inlet on its maiden voyage in February 1996.

The yacht owner, a Florida boat dealer, is suing Virginia Beach for $1.5 million in damages. The yacht was wrecked by waves after being stuck in the inlet for three days.

The owner, Yacht Sales International of Miami Beach, blames the city for failing to dredge Rudee Inlet and failing to warn boaters of the inlet's condition.

The city, in turn, accuses the yacht's captain of failing to heed a Coast Guard warning and a large sign at the inlet's mouth that warned of shoaling.

On Wednesday, Crowling testified that a city official gave him a survey that he relied on when advising the yacht captain how to navigate the inlet.

The survey, which showed water depth at several spots within Rudee Inlet, was conducted two weeks before the accident. A city dredging supervisor gave it to Crowling at his Rudee Inlet marina 10 days before the accident.

City officials testified Wednesday that the survey was not meant to aid boaters' navigation, since conditions at the inlet change constantly. ``It can change overnight. It can change in a day,'' testified Carl Thoren, a civil engineer for the city.

The survey map, compiled about every two weeks, explicitly warns that it is not to be used for navigation.

But Crowling testified that the city distributes the map for exactly that purpose. He said he often uses the surveys to help boaters through the inlet. He said city officials have never warned him not to use it.

The survey that was available on the day of the accident showed the inlet was clear on the south side. Crowling said he relayed this information to the yacht captain, but the boat ran aground anyway.

``I was given this paper to use to assist boaters entering Rudee Inlet,'' Crowling testified.

Five city employees also testified, including former Public Works Director Ralph Smith, who retired two weeks ago. All five said the survey is not meant for navigational purposes. They also testified about ways that the city maintains the inlet and warns boaters of shoaling.

The trial will continue this morning with testimony from the yacht captain, Joe Walker of New Jersey. The trial is expected to end today. It is not known if Judge Robert G. Doumar will rule immediately. ILLUSTRATION: D. KEVIN ELLIOTT/File photo

A surfer rides a wave past the boat that was grounded on Feb. 8,

1996, at the entrance to Rudee Inlet and was later wrecked by

continual beating of the waves against its hull. KEYWORDS: LAWSUIT TRIAL

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