In re the Harmony
United States Court of Appeals for the Second Circuit
533 F.3d 83, 2008 AMC 1848 (2008)
- Written by Carolyn Strutton, JD
Facts
The Harmony was a large container ship that carried cargo between the United States and South America. The ship was loaded with cargo in Newport News, Virginia, include calcium hypochlorite (calhypo), a dangerous and unstable substance. The owner and shipper of the calhypo was PPG Industries, Inc. (PPG) (defendant). Calhypo posed a risk of explosion and was listed in international shipping codes and industry warnings as a dangerous substance. PPG had included documentation about these dangers in its shipping materials, including that the calhypo must not be exposed to heat. When the calhypo was loaded, however, it was placed in an area of the cargo hold that did in fact expose it to heat, which increased the likelihood of explosion. After additional cargo was loaded, the Harmony began its voyage to South America. An explosion caused by the calhypo occurred off the coast of Brazil, and the ship and all of its cargo were destroyed. The owners of the Harmony and its cargo (the owners) (plaintiffs) sued PPG under strict liability and negligence. The district court found PPG solely liable for the explosion. PPG appealed.
Rule of Law
Issue
Holding and Reasoning (Hall, J.)
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