United States Second Circuit

Dismissal of an admiralty claim is affirmed based on finding that the plaintiff carrier was responsible for a fire aboard ship caused by hazardous cargo. Plaintiff's argument that defendant shipper had superior knowledge regarding the cargo's incremental flammability, and therefore owed the carrier a duty to warn, or alternatively, that the shipper should be held strictly liable, is rejected.

Appellate Information

• Decided 03/22/2006
• Published 03/22/2006

Judges

• DENNIS JACOBS, Circuit Judge., Before:  JACOBS, CABRANES, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• John M. Woods (Joseph G. Grasso, on the brief), Thacher Proffitt & Wood LLP, New York, NY, for Plaintiff-Appellant Contship Containerlines.


• For Appellees:
  
• Stanley McDermott III (Camilo Cardozo, on the brief), DLA Piper Rudnick Gray Cary U.S. LLP, New York, NY, for Defendant-Appellee PPG Industries, Inc.