All Three Ships at Fault, Court Finds

Thursday, July 12, 2007
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. The Second Circuit upheld the trial court’s determination that the Pennsylvania Rule, which places a heavy burden on any vessel that violates a statute, would not apply if the 1910 Collision Convention applies. Otal Investments Ltd. v. M.V. Clary, No. 06-0591 (2nd Cir., July 6, 2007). (Source: HK Law)

Maritime Today


The Maritime Industry's original and most viewed E-News Service

Maritime Reporter June 2016 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Finance

CMA CGM Crosses 91.05% Ownership Threshold of NOL

CMA CGM S.A has crossed the compulsory acquisition ownership threshold in Neptune Orient Lines Limited (NOL).    Following its all-cash voluntary conditional

Navios Partners Appoints Lampros Theodorou as Director

US-listed owner and operator of container and dry bulk vessels Navios Maritime Partners has appointed Lampros Theodorou to its Board of Directors.   “We are delighted Mr.

Baltic Index Rises for Fifth Consecutive Session

The Baltic Exchange's main sea freight index, tracking rates for ships carrying dry bulk commodities, rose on Tuesday for a fifth straight session on stronger demand across all vessel segments.

Casualties

Red River Closed after Barge Grounding

The Red River was closed Sunday from mile marker 40 to mile marker 42, after a barge reportedly ran aground and was protruding into the channel near mile marker 41, according to the U.

Tanker Crewman Medevaced off Virginia

The U.S. Coast Guard medevaced an ailing crew member Saturday from a tanker off Virginia Beach.   Coast Guard watchstanders at the 5th District Command Center

Chemical Tanker Runs Aground off Alaska

A 599-foot Norway flagged chemical tanker Champion Ebony ran aground near Nunivak Island, Alaska on June 24.   U.S. Coast Guard Sector Anchorage watchstanders

 
 
Maritime Standards Naval Architecture Navigation Offshore Oil Pod Propulsion Salvage Ship Electronics Ship Simulators Shipbuilding / Vessel Construction Sonar
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.0670 sec (15 req/sec)