United States Fifth Circuit
Ondimar Transportes Maritimos v. Beatty St. Props., Inc., 08-20079
In a tort suit arising from the collision of Plaintiff's vessel with a dock, the owner of the dock did not validly assign its property damage claim to Plaintiff, to the extent that this would permit Plaintiff to proceed against a co-tortfeasor (Defendant). For the general maritime law, the assignment of tort claims from the injured party to one tortfeasor permitting the settling defendant to proceed against a co-tortfeasor is invalid.
Appellate Information
- Decided 01/09/2009
- Published 01/09/2009
Judges
- W. EUGENE DAVIS, Circuit Judge:, Before DAVIS, STEWART and DENNIS, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- James Patrick Cooney (argued), Royston Rayzor, Houston, TX, for Plaintiffs-Appellants.
- For Appellees:
- James Thomas Brown, Jr., Michael John Wray (argued), Paxton N. Crew, Legge, Farrow, Kimmitt, McGrath & Brown, Houston, TX, for Defendants-Appellees.