Trico Marine Operators v. Dow Chemical Co.

809 F. Supp. 440, 1993 A.M.C. 1042 (1992)

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Trico Marine Operators v. Dow Chemical Co.

United States District Court for the Eastern District of Louisiana
809 F. Supp. 440, 1993 A.M.C. 1042 (1992)

Facts

Dow Chemical Company (defendant) was chartering barges loaded with benzene, a potential environmental contaminant. A motor vessel towing the barges through a channel encountered rough seas, and the barges came loose. The United States Coast Guard sent out a distress call seeking aid to recover the barges. Trico Marine Operators, Inc. (Trico Marine) (plaintiff) sent out one of its vessels and successfully recovered the barges. Had the barges not been recovered, Dow Chemical could have faced substantial liability pursuant to environmental-protection statutes. Trico Marine brought suit against Dow Chemical seeking compensation for the averted liability. Dow Chemical filed a motion for partial summary judgment barring Trico Marine from pursuing its claim for averted liability.

Rule of Law

Issue

Holding and Reasoning (Clement, J.)

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