206 F.3d 462 (5th Cir. 2000), 98-31205, American River Trans. v Kavo Kaliakra SS

Docket Nº:98-31205
Citation:206 F.3d 462
Party Name:AMERICAN RIVER TRANS. CO., ET AL., Plaintiffs, v. KAVO KALIAKRA SS, ET AL., Defendants, Page 463 KAVO KALIAKRA SS, her engines, tackle, appurtenances, etc., in rem; UNITED KINGDOM MUTUAL STEAMSHIP ASSURANCE ASSOCIATION (BERMUDA) LTD., in personam, Defendants - Appellees, v. COMPASS CONDO CORP., Appellants. In Re: In the Matter of the Complaint of
Case Date:March 08, 2000
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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Page 462

206 F.3d 462 (5th Cir. 2000)

AMERICAN RIVER TRANS. CO., ET AL., Plaintiffs,

v.

KAVO KALIAKRA SS, ET AL., Defendants,

Page 463

KAVO KALIAKRA SS, her engines, tackle, appurtenances, etc., in rem;

UNITED KINGDOM MUTUAL STEAMSHIP ASSURANCE ASSOCIATION (BERMUDA) LTD., in personam, Defendants - Appellees,

v.

COMPASS CONDO CORP., Appellants.

In Re: In the Matter of the Complaint of AROSITA SHIPPING CO., LTD., as owner of the M/V Kavo Kaliakra for exoneration from or limitation of liability

AROSITA SHIPPING CO. LTD., as owner of the M/V Kavo Kaliakra; GROMAR SHIPPING CO., LTD., as owners of the M/V Kavo Kaliakra; GOURDOMICHALIS MARITIME SA, as owners of the M/V Kavo Kaliakra, Petitioners - Appellees,

v.

COMPASS CONDO CORP., ET AL., Claimants,

COMPASS CONDO CORP., Claimant - Appellant.

HORACE NICHOLAS, Plaintiff,

v.

KAVO KALIAKRA SS, ET AL., Defendants,

KAVO KALIAKRA SS, her engines, tackle, appurtenances, etc., in rem; AROSITA SHIPPING CO., LTD., Defendants - Appellees,

v.

COMPASS CONDO CORP., Appellants.

No. 98-31205

IN THE UNITED STATES COURT OF Appeals, FOR THE FIFTH CIRCUIT

March 8, 2000

Appeal from the United States District Court for the Eastern District of Louisiana

Before POLITZ, JOHN R. GIBSON,[*] and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In this admiralty action, we apply again the principles of Robins Dry Dock & Repair Co. v. Flint. 1 Compass Condo Corporation

Page 464

appeals the dismissal of its claims for economic damages arising from the allision of the M/V KAVO KALIAKRA with barges owned by the American River Transportation Company. We AFFIRM the district court's dismissal of Compass's claims for economic damages.

I

On March 30, 1992, employees of the appellant, Compass Condo Corporation, were engaged as barge washers on a floating barge dock at the Tulane Fleeting Facility. The floating dock was owned by the American River Transportation Company (ARTCO), and Compass's employees were cleaning ARTCO barges. At some point, the M/V KAVO KALIAKRA allided with the ARTCO barges, harming Compass's employees and its equipment. The employees received workers compensation awards under the Longshoreman and Harbor Workers Compensation Act for their personal injuries. Allegedly, as a result of the numerous workers compensation claims, Compass's workers compensation premiums increased.

ARTCO filed suit against the owners and operators of the vessel and their insurer. The district court held the defendants liable for the allision, but dismissed Compass's economic damage claims for increased workers...

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