United States Sixth Circuit

In an admiralty action seeking recovery of repair costs and lost profits against a cargo ship after it struck a land-based coal-loading machine operated by plaintiff, judgment of the district court is affirmed in part, reversed in part and remanded where: 1) district court's grant of summary judgment as to liability is reversed as there is a genuine dispute of fact over plaintiff's comparative negligence; and 2) district court's rejection of plaintiff's lost-profits claim is affirmed as plaintiff did not adequately disclose the basis of its lost-profits claim.

Appellate Information

• Argued 11/19/2009
• Decided 02/25/2010
• Published 02/25/2010

Judges

• Before NORRIS, CLAY and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Brian J. Miles, D'Luge, Miles, Miles & Cameron P.L.C., Mount Clemens, Michigan, for Appellants. Camille A. Raffa Dietz, Foster, Meadows & Ballard, P.C., Detroit, Michigan, for Appellees. ON BRIEF:Brian J. Miles, D'Luge, Miles, Miles & Cameron P.L.C., Mount Clemens, Michigan, for Appellants. Camille A. Raffa Dietz, Richard A. Dietz, A. Poppy Goudsmit, Foster, Meadows & Ballard, P.C., Detroit, Michigan, for Appellees.