United States Fifth Circuit

In a suit involving the allision of a pleasure boat with a partially submerged and abandoned shrimp boat, summary judgment for defendant-district is reversed where plaintiff's general maritime negligence claim should not have been dismissed merely because defendant satisfied the criteria in Louisiana's governmental immunity statute, and the district court erred in concluding that defendant was not an operator under the Wreck Act.

Appellate Information

• Decided 11/14/2006
• Published 11/14/2006

Judges

• EDITH BROWN CLEMENT, Circuit Judge:, Before SMITH, GARZA and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• James P. Lambert (argued), Lafayette, LA, for Fuesting., William Harry Eckert, David I. Bordelon (argued), Ungarino & Eckert, Metairie, LA, for Intervenors.


• For Appellees:
  
• Kraig Thomas Strenge (argued), Lafayette, LA, for Defendants-Appellees.