Mississippi River Bridge Auth. v. M/V Pola De Lena, Civ. A. No. 79-470
| Citation | 567 F. Supp. 311 |
| Decision Date | 01 July 1983 |
| Docket Number | Civ. A. No. 79-470,79-492. |
| Parties | MISSISSIPPI RIVER BRIDGE AUTHORITY, et al. v. M/V POLA DE LENA, et al. |
| Court | U.S. District Court — Eastern District of Louisiana |
Deutsch, Kerrigan & Stiles, Cornelius G. Van Dalen, New Orleans, La., H. Lee Lewis, Jr., Ross, Griggs & Harrison, Houston, Tex., James O. M. Womack, Burke & Mayer, New Orleans, La., for Boh Bros. Const. Co.
Mark J. Spansel, Thomas J. Wyllie, Adams & Reese, New Orleans, La., for Empresa Nacional Bazan, S.A.
Jim Holmes, Derek Walker, Chaffe, McCall, Phillips, Toler & Sarpy, Paul A. Nalty, Campbell E. Wallace, New Orleans, La., for Compania Gijonesa de Navigacion, S.A.
Milling, Benson, Woodward, Hillyer, Pierson & Miller, Neal D. Hobson, New Orleans, La., for Anschuetz & Co., GmbH.
William A. Porteous, III, Porteous, Toledano, Hainkel & Johnson, New Orleans, La., for Landis & Employers.
Paul A. Nalty, Campbell E. Wallace, Robert H. Murphy, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, La., for Naviera Santa Catalina, S.A. CIA Gijonesia de Navigacion, S.A.
This suit originally arose out of a collision of the M/V POLA DE LENA with a ferry landing and two ferry boats on the Mississippi River on February 3, 1979. Separate lawsuits were filed against the M/V POLA DE LENA, her owner and operator, Company Gijonesa de Navigacion, S.A. ("Gijonesa"), and Naviera Santa Catalina, S.A., by the Mississippi River Bridge Authority ("MRBA") and Landis Construction Company, Inc. ("Landis"); the two cases were consolidated. Anscheutz & Co., GmbH ("Anscheutz") was brought into the suits on third-party complaint of Gijonesa, alleging that the Anscheutz steering mechanism was defective and improperly installed by Anscheutz. Thereafter, Anscheutz impleaded Empresa Nacional Bazan, S.A. ("Bazan"), the Spanish builder of the M/V POLA DE LENA, after entering into a partial settlement of the main claims.
The matter under examination was raised on motion of Bazan to dismiss the third-party complaint of Anscheutz under Fed.R. Civ.P. 12(b), on the grounds of sovereign immunity, lack of subject matter jurisdiction, lack of personal jurisdiction and on the doctrine of forum non conveniens. Oral argument was heard on August 4, 1982; the Court ordered that supplemental memoranda be submitted upon completion of discovery relative to the motion and took the matter under submission. Several motions indicative of the apparent animosity between the parties were filed during this discovery period, and subsequent extensions of time were given on joint motions with the reassurance of counsel that this dispute would be amicably resolved. However, the parties were unable to reach an agreement and have called upon the Court to rule on the motion. Having thoroughly reviewed the memoranda of counsel, the record and the law, the Court is now prepared to rule.
In connection with Bazan's motion to dismiss and with Anscheutz's motion for an order enjoining Bazan from commencing proceedings in foreign forums, which latter motion was denied by the Court on March 16, 1983, the Court was briefed on the effect to be given a forum selection clause contained in agreements between Anscheutz and Bazan regarding the defective steering control mechanism installed aboard the M/V POLA DE LENA. The clause drafted by Bazan provides in translation:
For whatever claims that may arise from this order, or from the contract of the same, the parties shall abide by the rules of the Courts of San Fernando, with the waiver of any other jurisdiction to which they might correspond. By the act of executing this order, in part or totally, it is understood that each and every one of the preceding conditions are accepted, unless expressly modified or annulled.
In a related offer for sale drafted and submitted by Hispano Radio Maratima ("Hispa...
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