Tug & Tow

In the Matter of the Complaint of JR&C Marine, Inc. as Owner of the Tug CHEYENNE, for Exoneration from or Limitation of Liability, Civil Action No. 2:00cv878, Eastern District of Virginia, Norfolk Division.

Represented tug owner petitioning for exoneration from or limitation of liability arising out of a casualty in which crane barge in tow struck overhead power lines. Settled on favorable terms with power company for damages, and went to trial against crane operating company on issue of apportioned fault for contribution. Decision by the Court is pending.

In the Matter of the Complaint of D&H Corp. (Tug LIBRA Limitation Proceedings), 1994 A.M.C. 2285, 1994 WL 574143 (E.D.Va. 1992).

We represented the Owner of the Tug LIBRA in a limitation proceeding arising out of the sinking of Transerve's Barge RYAN. Claim were filed by Dow and Georgia Gulf, the owners of parcels of caustic soda carried in the barge, who claimed in tort for breach of a towage contract. The District Court granted our motion for summary judgment, holding that the contract was one of carriage, not towage, and Tug LIBRA was able to limit its liability under the terms of the contract of affreightment. The claim of Transerve was settled on favorable terms.

In the Matter of the Complaint of D&H Corp. a Owner, and C&P Towing Company, Inc. (Tug ANN K.), Civil Action No. 2:91cv567, Eastern District of Virginia - Norfolk Division

Represented towing company in defense of action by owners of barge and its cargo of grain which capsized and sank while in tow on the Chesapeake Bay. Tried June 17-18, 1992, before the Honorable Robert M. Payne, U.S. District Judge. Settled on favorable terms (approximately one-thirds) following oral argument, while awaiting judgment.

Cargill, Inc. v. C&P Towing Company, Inc. (Tug RANDY D.), Civil Action No. 89-378-N, Eastern District of Virginia - Norfolk Division

Represented towing company in defense of action by owner of barge and its cargo of grain which capsized and sank while in tow on the Chesapeake Bay. Tried from January 15-18, 1990, before the Honorable Tommy E. Miller, U.S. Magistrate. Effectively used expert witnesses to prove defense theory of the case and disprove Plaintiff's theories to exonerate the tug. Cargill, Inc. v. C&P Towing, Inc (Tug RANDY D.)., 1991 A.M.C. 101 (E.D. Va 1990), aff'd 943 F.2d 48 (Table, Text in WESTLAW), unpublished disposition, 1991 WL 181142, 1992 A.M.C. 304, 1992 A.M.C. 392 (4th Cir. 1991).

Kiewit Eastern Company v. The Tug MORANIA NO. 24 in rem, et. al., Civil Action No. 87-324-N, Eastern District of Virginia - Norfolk Division

Represented Morania Oil Tanker Corporation and its tug and barge in an action brought by Kiewit Eastern Company for damages arising out of an allision by Morania's tug and barge with Kiewit's cofferdam in use in constructing the new Campostella bridge over the Eastern Branch of the Elizabeth River. Kiewit claimed damages of $175,000, and Morania made an offer of judgment of $71,000. The case was tried before the Honorable J. Calvitt Clarke, Jr. from April 6-8, 1988. Morania defended on the grounds that the cofferdam was an obstruction to navigation not properly marked in accordance with Coast Guard requirements under the bridge permit and that the damages claimed by Kiewit were excessive.

Judge Clarke ruled in favor of Plaintiff on liability only. For damages, Judge Clarke not only accepted Defendant's theory, but used that theory to establish precedential guidelines for the computation of damages and entered a judgment order limiting Plaintiff's damages to $67,816.54.

Salter Marine Inc. v. Conti Carriers & Terminals, Inc., 677 F.2d 388, 1993 A.M.C. 2399 [DRO] (4th Cir. 1982) aff'd in part and remanding 1981 A.M.C. 2944 (E.D.Va. 1981)

Phil represented the owner of a tug which lost a barge loaded with grain due to capsizing. Tug settled with grain cargo owner and proceeded with third party claim for indemnity against stevedore who loaded barge with a list. The court held that stevedore breached its warranty of workmanlike service, which ran not only to barge owner but also to towing tug, and awarded indemnity.

Firm Profile | Attorneys | Practice Areas | Legal Links | Contact Info
© 2002 Davey & Brogan, PC. All Rights Reserved. | Privacy Policy