Combo Maritime Inc v US United Bulk Terminal LLC and Ors – US Court of Appeals (5th Circuit) (Jolly and Garza Ct JJ and Miller DJ) – 23 August 2010
Tort – Defendant’s barges breaking free of moorings and damaging plaintiffs vessel – Defendant bringing third-party proceedings against cruise ship operator – Defendant alleging that barge breakaway caused by negligent navigation of cruise ship – Cruise ship operator obtaining summary judgment against defendant’s third party claims on basis of drifting presumption – Whether rule in The Louisiana applicable
The plaintiff (“Colombo”) sued the defendant (“United”) for damages sustained when a number of barges broke free of their moorings at United’s barge fleeting facility and drifted downstream, alliding with Combo’s vessel Alkman , which lay at anchor nearby. United filed a third-party complaint against Carnival Corporation and its cruise ship Fantasy (collectively “Carnival”) alleging that the barge breakaway was caused by the negligent navigation of the Fantasy when it navigated too close to the fleeting facility under full speed. United brought claims against Carnival for (1) contribution and indemnity, and (2) damage to United’s fleeting equipment and barges.
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Michael Daiches, Barrister
Oct 15 2010
