STATE OF LOUISIANA EX REL. GUSTE V. M/V TESTBANK
752 F.2d 1019 (5th Cir. 1985)
NATURE OF THE CASE: State and others (P) appealed from a judgment that granted summary
judgment in favor of M/V TESTBANK (D) as to all claims for economic loss unaccompanied by
physical damage to property in actions for maritime negligence arising out of a collision
between ships. There were 41 total actions against Ds.
FACTS: The M/V SEA DANIEL and the M/V TESTBANK collided at mile forty-one of the
Mississippi River Gulf outlet. A white haze enveloped the ships. It was hydrobromic acid.
Containers with twelve tons of pentachlorophenol, PCP, also went overboard. The Coast Guard
closed the outlet to navigation until August 10, 1980 and all fishing, shrimping, and
related activity was suspended in the outlet and four hundred square miles of surrounding
marsh and waterways. Forty-one lawsuits were filed. Claims included shipping interests,
marina and boat rental operators, wholesale and retail seafood enterprises not actually
engaged in fishing, seafood restaurants, tackle and bait shops, and recreational fishermen.
Ds moved for summary judgment as to all claims for economic loss unaccompanied by physical
damage to property. The district court granted the motion except those claims asserted by
commercial oystermen, shrimpers, crabbers and fishermen who had been making a commercial use
of embargoed waters. The district court found these commercial fishing interests deserving
of a special protection akin to that enjoyed by seamen. On appeal a panel of the court
affirmed, concluding that claims for economic loss unaccompanied by physical damage to a
proprietary interest were not recoverable in maritime tort. The circuit then took the case
en banc for review.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment