Pennsylvania Rule not Insurmountable

Monday, May 15, 2006
In an unpublished decision, the US Court of Appeals for the Fifth Circuit affirmed the ruling of the trial court that, under the facts of the case, violation of various Coast Guard regulations by the master of a tug did not result in the tug being liable for damage to a barge being towed by the tug. In the instant case, a barge loaded with barite was being towed on the Mississippi River Gulf Outlet (MRGO) when it suddenly listed to port, submerging the port bow and discharging a quantity of cargo into the waterway. The owner of the barge and the cargo brought suit against the tug owner for damage to the barge, loss of cargo, and removal costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Evidence indicated that the barge had cracks and wastage at and below the waterline. Evidence also showed that the master had been on duty for eighteen and one-half hours in the 24 hours immediately prior to the incident and that he failed to have a second licensed operator on board, both in violation of USCG regulations. The appellate court concurred with the trial court’s determination that the violations were unrelated to the cause of the incident and, thus, the burden-shifting rule of the Pennsylvania decision did not apply. Halliburton Energy Services, Inc. v. Denet Towing Services, Inc., No. 05-30723 (5th Cir., May 5, 2006). source: HK Law
Maritime Reporter June 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Maritime NZ Oil Spill Response Review: Submissions

Maritime New Zealand (MNZ) says it invites submissions on its draft updated New Zealand Marine Oil Spill Response Strategy 2014 (the draft Strategy). The draft Strategy, (available at http://bit.

Thai Resort Owners Sue State Owned Company for Oil Spill

Business owners on Koh Samet island are suing a state-owned petroleum enterprise for the oil spill that polluted the resort island's beaches last year. More than 50,

Nigerian Piracy Threatens UK Interests: New Report

The UK economy is heavily exposed to lawlessness off the coast of Nigeria, a new report published today by the UK Chamber of Shipping says. The report found that almost all of the UK’s annual £6.

Marine Propulsion

Volvo Penta Diesel Sterndrives for Metal Shark Patrol Boats

Metal Shark now offers Volvo Penta diesel sterndrives in its 29 Defiant patrol boats for customers requiring optimum performance, durability and maneuverability.

Wilhelmsen Secures Inert Gas System Orders

Breakthrough order in Japanese shipbuilding market sees largest ever capacity Maritime Protection IG units delivered for leading domestic owners. Wilhelmsen

MTU Powers Fleet of Inland Waterway Towboats

Industry-leading Ironmen diesel engines power four new builds and two repowers in Southern Towing’s inland waterway fleet MTU, the specialist for propulsion

 
 
Maritime Contracts Maritime Security Maritime Standards Port Authority Salvage Ship Electronics Ship Simulators Shipbuilding / Vessel Construction Sonar Winch
rss | archive | history | articles | privacy | terms and conditions | 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: 0.2134 sec (5 req/sec)