United States Fifth Circuit
Stolt Achievement, Ltd. v. Dredge B.E. Lindholm, 04-20773
Judgment apportioning liability equally as to the parties in a suit arising from the collision of two ships in a channel is affirmed over plaintiff's claims of error regarding: 1) a conclusion that plaintiff was negligent with regards to the collision; 2) admission of evidence; 3) failure to find defendant's negligence a superseding cause; 4) apportionment; and 5) average adjuster's fees. (Substituted opinion)
Appellate Information
- Decided 04/19/2006
- Published 04/20/2006
Judges
- PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, WIENER, and DENNIS, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- William Andrew Durham (argued), Christina K. Schovajsa, Eastham, Watson, Dale & Fornay, Houston, TX, for Plaintiff-Appellant., James Thomas Brown, Jr. (argued), Legge, Farrow, Kimmitt, McGrath & Brown, Houston, TX, for Houston Pilots, Amicus Curiae.
- For Appellees:
- Robert Joseph Killeen, Jr., Killeen & Associates, Houston, TX, Robert Craig Stern (argued), Law Offices of Robert C. Stern, New Orleans, LA, for Defendants-Appellees.