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Keywords

negligenceliabilitystatutemotionsummary judgmentburden of proofregulation
negligenceliabilitystatutemotionsummary judgmentburden of proofregulation

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Matter of Complaint of Foss Maritime Company, 114 F.Supp.3d 452

Facts

The case arose from two allisions involving the Eggners Ferry Bridge, owned by KTC, located in the Kentucky Lake portion of the Tennessee River. The first allision occurred on November 15, 2011, when the M/V Miss Katie struck the bridge due to alleged navigation light failures. A subsequent allision happened on January 26, 2012, involving Foss's vessel, the M/V Delta Mariner, which also struck the bridge under similar circumstances. Foss claimed that the lack of functional navigation lights on the bridge was the proximate cause of the accidents, leading to their limitation action against KTC.

The case arose from two allisions involving the Eggners Ferry Bridge, owned by KTC, located in the Kentucky Lake portion of the Tennessee River.

Issue

The main legal issues were whether the Pennsylvania rule applied, shifting the burden of proof to KTC, and whether the doctrine of negligence per se was applicable to KTC's alleged failure to comply with federal regulations regarding bridge lighting.

The main legal issues were whether the Pennsylvania rule applied, shifting the burden of proof to KTC, and whether the doctrine of negligence per se was applicable to KTC's alleged failure to comply with federal regulations regarding bridge lighting.

Rule

The Pennsylvania rule holds that when a statutory rule intended to prevent an admiralty accident exists and a party violates that statute, the violating party must show that its violation could not have been the cause of the accident to avoid liability. The court also noted that negligence per se does not apply in this case as it does not arise under the Jones Act.

The Pennsylvania rule holds that when a statutory rule intended to prevent an admiralty accident exists and a party violates that statute, the violating party must show that its violation could not have been the cause of the accident to avoid liability.

Analysis

The court found that KTC violated federal regulations regarding bridge lighting, which was intended to prevent nighttime allisions. The application of the Pennsylvania rule was appropriate as all three elements were satisfied: proof of violation of a statute, the statute involved marine safety, and the injury was of a nature that the statute was intended to prevent. Consequently, the burden of proof shifted to KTC to demonstrate that its violation could not have contributed to the accidents.

The court found that KTC violated federal regulations regarding bridge lighting, which was intended to prevent nighttime allisions.

Conclusion

The court granted Foss's motion for partial summary judgment in part, applying the Pennsylvania rule, but denied the application of the doctrine of negligence per se. KTC must now prove that its violation of the lighting regulations did not contribute to the allisions.

The court granted Foss's motion for partial summary judgment in part, applying the Pennsylvania rule, but denied the application of the doctrine of negligence per se.

Who won?

Foss Atlantic, Inc. and Foss Maritime Company prevailed in part as the court applied the Pennsylvania rule, shifting the burden of proof to KTC regarding the alleged lighting violations.

Foss Atlantic, Inc. and Foss Maritime Company prevailed in part as the court applied the Pennsylvania rule, shifting the burden of proof to KTC regarding the alleged lighting violations.

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