In re Gulfgate Marine Transport Company

10 F.3d 1190, 1994 AMC 1253 (1994)

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In re Gulfgate Marine Transport Company

United States Court of Appeals for the Fifth Circuit
10 F.3d 1190, 1994 AMC 1253 (1994)

CS

Facts

A/S Dampskibsselskabet Svendborg (Svendborg) (plaintiff) was the owner/operator of a gas tanker that continuously moved cargo via sequential charters. Svendborg would typically arrange the vessel’s next charter during its current charter, and the vessel was never idle. During one charter in the Mississippi River, Svendborg’s tanker was struck and damaged by barges owned by Gulfgate Marine Transport Co. (Gulfgate) (defendant). Svendborg’s tanker lost 6.6 days of operational time getting repairs that were required as a result of the collision. Svendborg arranged the timing of the repairs to ensure that it could complete its scheduled charters successfully despite the repairs and lost time. Svendborg sued Gulfgate to recover detention damages for the time lost due to the repairs. The district court awarded Svendborg its claimed detention damages. Gulfgate appealed, alleging that Svendborg was not entitled to detention damages because it had not shown that it had lost a specific amount of revenue as the result of the detention.

Rule of Law

Issue

Holding and Reasoning (Wiener, J.)

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