Second Circuit Found Three Ships at Fault in Collision
The US Court of Appeals for the Second Circuit reversed the trial court’s finding that one ship was solely at fault in a collision and remanded the case to the trial court to apportion the fault, directing the trial court “to consider the relative culpability of each vessel and the relative extent to which the culpability of each caused the collision.” In the instant case, two ships collided in the English Channel and another ship was involved in the incident, although not in the physical contact. The trial court determined that one of the three ships was so largely at fault that the court assigned full liability to it for damages arising from the collision. On appeal, the court held that all three ships had been negligent to some extent.
All Three Ships at Fault, Court Finds
The US Court of Appeals for the Second Circuit reversed the trial court’s finding that one ship was solely at fault in a collision and remanded the case to the trial court to apportion the fault, directing the trial court “to consider the relative culpability of each vessel and the relative extent to which the culpability of each caused the collision.” In the instant case, two ships collided in the English Channel and another ship was involved in the incident, although not in the physical contact. The trial court determined that one of the three ships was so largely at fault that the court assigned full liability to it for damages arising from the collision. On appeal, the court held that all three ships had been negligent to some extent.
Decision in Tricolor Litigation
The U.S. District Court for Southern District of New York ruled that the cause of the December 14, 2002 collision between the container ship KARIBA and the ro-ro car carrier TRICOLOR in the English Channel was the sole and exclusive fault of the KARIBA. In its decision, the court stated: “In short, it was not the Tricolor’s or Clary’s failure to act that was the cause; rather, the sole and exclusive cause of the collision was the Kariba’s turn to starboard.” The TRICOLOR and its owners were ably represented by lead counsel Chester D. Hooper, a partner in the firm of Holland & Knight LLP. In re Otal Investments Ltd , 03 Civ 4304 Source: HK Law
