On May 16, 2013, the Third Circuit Court of Appeals issued its decision in the appeal captioned In Re: Petition of Frescati Shipping Company, Ltd., as Owner of the m/t ATHOS I, et al. You can read the decision by clicking HERE. The appeal concerned the apportionment of monetary liability between three parties following a vessel accident. Specifically, the vessel had apparently struck an abandoned ship's anchor while approaching a pier in the Delaware River. Among other things, the Third Circuit Court of Appeals held that the safe berth warranty is an express assurance of safety.
You can read more about the facts of the underlying incident and the subsequent oil pollution cleanup efforts HERE.
Underway and making way.
John K Fulweiler
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