DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
024121P.pdf 03/15/2004 MO Barge Lines v. Belterra Resort
U.S. Court of Appeals Case No: 02-4121
and No: 02-4158
Eastern District of Missouri
Civil case - Admiralty. District court did not err in finding plaintiff's
pilot violated Inland Navigation Rule 14 when he failed to propose the
manner of passing as he was the downward vessel, and it is mandatory
that the pilot of the downward vessel initiate the maneuvering signals;
plaintiff was entitled to limitation of liability as it had hired a licensed,
competent operator to navigate its vessel and there was no evidence
showing it could be charged with notice the pilot would operate the
vessel negligently; claim that vessel was unseaworthy was not supported
by the record, as the pilot's error in identifying the approaching vessel
was not due to any defect in the vessel's radar, but rather to this decision
to visually identify the vessel.
[PUBLISHED] [Smith, Author]