Operaciones Tecnicas Marinas S.A.S. v. Diversified Marine Services, LLC

913 F. Supp. 2d 254 (2012)

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Operaciones Tecnicas Marinas S.A.S. v. Diversified Marine Services, LLC

United States District Court for the Eastern District of Louisiana
913 F. Supp. 2d 254 (2012)

Facts

Operaciones Tecnicas Marinas (OTM) (plaintiff), a marine operating company, purchased two sea vessels and contracted with Diversified Marine Services (DMS) (defendant) to assess and repair the vessels. According to OTM, DMS informed OTM that DMS had repaired the vessels and that they were fit to sail to Columbia, where OTM had agreed to deliver the vessels to a third party by July 15, 2011. OTM alleges that it entered into the contract with the third party based on DMS’s assurances that the vessels would be ready for use. The vessels departed for Columbia, but both experienced mechanical and electrical problems and had to be towed to land. OTM claimed that assessments of the vessels revealed electrical and mechanical problems. Further, an inspection by an engine-repair company concluded that engines on each vessel had not been repaired, contrary to what DMS had represented to OTM. Because the vessels did not reach the third party by the date agreed to by OTM, OTM was in breach of its agreement with the third party. OTM sued DMS for breach of contract, negligent misrepresentation, intentional misrepresentation, gross negligence, breach of warranty, and fraud. OTM submitted the report from the engine-repair company together with OTM’s complaint. DMS submitted a 12(b)(6) motion to dismiss the gross negligence and fraud claims.

Rule of Law

Issue

Holding and Reasoning (Feldman, J.)

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