Daybrook Fisheries, Inc. v. American Marine Construction, Inc.

1998 WL 748586 (1998)

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Daybrook Fisheries, Inc. v. American Marine Construction, Inc.

United States District Court for the Eastern District of Louisiana
1998 WL 748586 (1998)

MP

Facts

On or about April 27, 1997, a vessel named the Pool Ranger IV (PR) capsized in the Gulf of Mexico. The vessel was owned by Pool Company (plaintiff) and under charter to and being operated by American Marine Construction, Inc. (defendant) (AMC) at the time. The capsizing of the PR resulted in the filing of two separate lawsuits in the same federal district court in Louisiana. The first suit was filed by Pool Company and alleged that AMC’s negligence caused the PR to capsize and that AMC was responsible for any resulting damages. In the second suit, Daybrook and Highlands (plaintiff) sued for damages to its vessel, the F/V Celia (Celia), that were sustained when the Celia was navigating in the vicinity of the PR wreck and struck a leg of the PR that was submerged below the water line. Because the two lawsuits shared common questions of law and fact that bore directly on the rights of all parties, consolidation of the two lawsuits was proposed under Federal Rule of Civil Procedure 42(a). Specifically, both lawsuits shared common questions of fact resulting from the capsizing of the PR and the failure to remove it from navigable waters, and they shared common questions of law because liability would be determined by interpreting the same contract and indemnity agreement.

Rule of Law

Issue

Holding and Reasoning (Porteous, J.)

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