Compania Minera Caopas, S.A. de C.V. v. M/V CSL Acadian (IMO 8009571), Her Engines, Tackle, Furniture, Machinery, Equipment and Appurtenances and Freights, etc., in rem and CSL International Inc., The CSL Group, Canada Steamship Lines, FB Shipping Inc., in personam
Published: Aug. 1, 2009 | Result Date: Mar. 6, 2009 | Filing Date: Jan. 1, 1900 |Case number: 3:07-cv-04722-WHA Bench Decision – $5,124,460
Court
USDC Northern
Attorneys
Plaintiff
Defendant
John D. Giffin
(Keesal Young & Logan APC)
Experts
Plaintiff
Elliot Boone
(technical)
Tom Spencer
(technical)
James D. Whaley
(technical)
Defendant
John Betz
(technical)
Alex Vollmer
(technical)
Facts
On May 26, 2007, in a port in Santa Rosalia, Mexico, the M/V CSL Acadian, a large bulk carrier, attempted to parallel itself with a row of mooring dolphins. The port was operated by Compania Minera Caopas S.A. de C.V. (Caopas). Mooring dolphins are man made structures that extend above water level without being connected to the shore. The vessel crashed into a dolphin and obliterated it. Caopas sued CSL Acadian.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff alleged that CSL Acadian negligently collided with the dolphin with a great amount of force, causing its destruction.
DEFENDANT'S CONTENTIONS:
The defendant asserted that the ship merely bumped into the dolphin, which collapsed due to poor maintenance and design.
Settlement Discussions
The plaintiff demanded $7 million and the defense offered $2 million.
Damages
Caopas requested $10.34 million.
Result
The court awarded the plaintiff $5,124,456.
Other Information
U.K. P&I Club insured the defendants.
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