United States Second Circuit

In a maritime dispute involving damages from an allision between a barge and a bulkhead, district court judgment is reversed and the award vacated where: 1) the court erred in applying the Oregon rule's presumption of fault to the issue of causation as the burden remained on plaintiffs to establish that the allision resulting from defendant's operation of the tug and barge caused the alleged damage; and 2) the court abused its discretion in precluding expert testimony offered by defendant.

Appellate Information

• Decided 07/06/2009
• Published 07/06/2009

Judges

• JON O. NEWMAN, Circuit Judge., Before FEINBERG, NEWMAN, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Joseph T. Stearns, New York, N.Y. (Gino A. Zonghetti, Kenny, Stearns & Zonghetti LLC, New York, N.Y., on the brief), for Defendant-Appellant., Alex Spizz, New York, N.Y. (Scott A. Markowitz, Todtman Nachamie Spizz & Johns, P.C., New York, N.Y., on the brief), for Plaintiffs-Appellees.