This case arises out of a collision on the Lower Mississippi River near Fort Jackson on November 10, 2021 between the downbound CAPT. HAGEN and upbound MISS LISA. The CAPT. HAGEN was owned by Penn Maritime, Inc. The MISS LISA was owned by the Tony Riley.
Tony Riley and Allen Burns filed lawsuits against Penn for the collision asking Penn to to pay them more than $1,000,000. Both were occupants of the MISS LISA. Penn argued that a collision did not occur, and, even if it did, Penn's vessel the CAPT. HAGEN did nothing wrong.
Penn filed a motion for summary judgment asking the Court to dismiss the lawsuit before trial because Penn maintained that the Riley and Burns failed to obtain an expert or develop any evidence that Penn Maritime’s vessel was negligent, violated a regulation or custom.
The Court granted Penn's motion for summary judgment and dismissed the case because it found the undisputed evidence showed the following:
The CAPT. HAGEN was operating in compliance with applicable Inland Navigation Rules and local custom.
CAPT. HAGEN was traveling southbound down the Mississippi River in the minutes leading up to the collision in the bend around Fort Jackson.
Under Inland Navigation Rule 14(d), the CAPT. HAGEN, as the vessel proceeding downriver, had the right-of-way over the upbound vessel, the MISS LADY.
Under the judicially recognized local custom, known as the “point-bend custom,” that has “long governed the meeting of vessels on the lower Mississippi River,” the northbound vessel is supposed to navigate upriver by going “over the points,” that is, by navigating close to the points, while the southbound vessel “runs the bends,” that is, adhere as closely to the bends as safe navigation allows.
Importantly, Plaintiffs lost because they presented no evidence that Penn breached any duty owed to Plaintiffs. Penn, on the other hand, presented evidence to support its position that the CAPT. HAGEN did nothing wrong. The Court granted Penn’s motion for summary judgment and dismissed the Plaintiffs’ case as a result.
A copy of the decision is provided below:
Please feel free to reach out at (504) 553-1435 or ad@adamdavislawfirm.com if you have any questions or would like to discuss.
Thanks,
Adam
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