Tricolor/Kariba Case Decided by Judge Baer on Remand
May 21, 2008
Chester D. Hooper- New York
Judge Baer of the United States District Court for the Southern District of New York decided the Tricolor/Kariba collision case after the 2nd Circuit Court of Appeals remanded it to him. Judge Baer had originally found the Kariba to be solely at fault for the collision that caused Tricolor to capsize and sink at about 2:12 a.m. on December 14, 2002 in the English Channel. The entire well-trained Tricolor crew abandoned ship without any loss of life or injuries.
On appeal, the 2nd Circuit determined that three vessels had some fault. The third vessel, the Clary, was said to have embarrassed the navigation of Kariba causing Kariba to turn into Tricolor, ram her, and sink her. The 2nd Circuit remanded the case to Judge Baer to apportion collision liability. Judge Baer, in an opinion that explained in detail how he apportioned liability, apportioned 63% against Kariba, 20% against Clary, and 17% against Tricolor.
He also determined Tricolor had no liability to cargo because of the error in navigation defense of the U.S. Carriage of Goods by Sea Act and that Tricolor could limit her liability to zero according to the 1851 United States Limitation Act. He denied Clary the right to limit under the same act.
Click here for the Opinion & Order.