Orduna, S.A. v. Zen-Noh Grain Corp.

913 F.2d 1149, 1991 AMC 346 (1990)

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Orduna, S.A. v. Zen-Noh Grain Corp.

United States Court of Appeals for the Fifth Circuit
913 F.2d 1149, 1991 AMC 346 (1990)

CS

Facts

The Trebizond was a ship that was owed by Orduna, S.A. (plaintiff) and chartered by Euro-Frachtkontor, GmbH (Euro) (defendant). The charter agreement included a standard safe-berth clause that required that Euro choose safe berths when moving cargo on or off the vessel. The Trebizond was damaged while berthed in the Mississippi River when a steel loading arm fell from a grain elevator and landed on the ship. Orduna sued the owner of the grain elevator, Zen-Noh Grain Corp. (Zen-Noh) (defendant), Euro, and other parties. The district court found multiple defendants to be liable, including Euro under the safe-berth clause of the charter agreement. Euro appealed, as did the other defendants.

Rule of Law

Issue

Holding and Reasoning (Davis, J.)

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