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In an unpublished decision, the US Court of Appeals for the Fifth Circuit affirmed the ruling of the trial court that, under the facts of the case, violation of various Coast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 March 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Court: Japan's Mitsui Paid to Release Ship

China Supreme Court says Mitsui pays about $29 mln; Ship released about 0030 GMT Thursday. Ship was seized over dispute dating back to 1930s. Advisor to plaintiffs says will likely demand more money.

Lawyer: Korea Ferry Owners Accept Responsibilities

The family that has a major stake in companies that control the shipping operator whose ferry sank last week, likely to have killed hundreds, will take social and

Mitsui O.S.K. Ship Ready To Leave Chinese Port

Japanese shipping firm Mitsui O.S.K. Lines Ltd said on Thursday that its ship, the "Baosteel Emotion" 226,434 deadweight-tonne ore carrier, is ready to leave

Marine Propulsion

Wärtsilä Reports Healthy Ship Power Sector in Q1 2014

In its interim financial report January to March 2014 Wärtsilä notes healthy development in ship power and services offsetting challenges in power generation markets.

Fishing Vessels Fit with Wärtsilä’s NOx Reducer

Wärtsilä said its new NOx Reducer will be fitted to two new fishing vessels under construction at the Celiktrans yard in Turkey. The ships are owned by HB Grandi,

NCL Spotlights Eco-Smart Cruising Program

On Earth Day, Norwegian Cruise Line NCL) celebrated key achievements from the past year that, as a part of its Eco-Smart Cruising program, help preserve the world's oceans.

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Navigation Offshore Oil Pipelines Port Authority Salvage Ship Repair Sonar Winch
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: 0.1455 sec (7 req/sec)