Entergy Mississippi, Inc. v. Marquette Transportation Company, L.L.C.

Summary

In this maritime allision case, the Fifth Circuit affirmed liability and damages against the owner and operator of a towboat whose loose barge struck a mooring dolphin. The court held that even if the dolphin was unpermitted under the Rivers and Harbors Act, the Pennsylvania rule did not shield the defendants because their own negligence caused the allision. The court also upheld the district court's allowance of pleading amendments to increase damages, reliance on a state court's reasonable repair cost determination, denial of depreciation deduction, and award of prejudgment interest from the date of loss. The opinion is unpublished and not precedential.

Holdings

1. The Pennsylvania rule does not shield defendants from liability when they were aware of the structure and it did not obstruct navigation; the allision was caused by the tow boat's prior allision with the bridge.
2. The district court did not abuse its discretion in allowing amendments because there was good reason (misunderstanding about scope of repairs and river conditions) and no bad faith or prejudice.
3. Even if issue preclusion did not apply, the district court independently reviewed the evidence and reached the same result, which was not clearly erroneous.
4. The district court did not abuse its discretion in awarding prejudgment interest from the date of loss, as is the normal rule in admiralty.

Questions Presented

1. Whether Defendants should be liable because the dolphin was unpermitted under the Rivers and Harbors Act
2. Whether the district court erred in allowing Entergy to amend its complaint to increase damages
3. Whether the district court erred in relying on the state court's determination of reasonable repair costs
4. Whether the prejudgment interest award was excessive

Disposition

affirmed