United States Second Circuit

In case involving liability for the explosion and resulting constructive total loss of the container ship the M/V DG Harmony, district court's finding that defendant PPG, which manufactured and shipped approximately 160,000 kilograms of calcium hypochlorite, was solely responsible for the explosion and loss, is reversed in part as to holdings that PPG was strictly liable under section 4(6) of the Carriage of Goods by Sea Act, and that it was liable under a general negligence theory. The judgment is vacated as the district court failed to address whether a warning, if given, would have prevented the harm.

Appellate Information

• Decided 03/03/2008
• Published 03/03/2008

Judges

• HALL, Circuit Judge:, Before:  SACK, B.D. PARKER, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Anthony J. Pruzinsky, Hill Rivkins & Hayden LLP, New York, NY, for Consolidated-Plaintiffs-Appellees., Wayne D. Meehan (Peter J. Gutowski and Gina M. Venezia on the brief), Freehill, Hogan & Mahar, LLP, New York, NY, for Consolidated-Defendants-Appellees., Stanley McDermott III (Camilo Cardozo on the brief), DLA Piper Rudnick Gray Cary U.S. LLP, New York, NY, for Defendant-Appellant.