Federal Judge Rules That KARIBA Is to Blame for Costly Wreck That Clogged the English Channel
January 6, 2006
Chester D. Hooper- New York
Francesca Morris- New York
James T. "Jim" Shirley- New York
NEW YORK – A federal judge has exonerated M/V TRICOLOR and M/V CLARY of any responsibility for the Dec. 14, 2002 collision between KARIBA and TRICOLOR in the English Channel. TRICOLOR, carrying more than 3,000 vehicles, many of them luxury automobiles, sank about 20 minutes after she was rammed. Fortunately, TRICOLOR’s entire crew escaped without significant injury. The wreckage caused major navigational problems in the channel until it was cut into nine pieces and removed. It was one of the most expensive non-military wreck removal operations in history.
The Honorable Harold Baer, Jr. of the United States District Court for the
Southern District of New York rendered his opinion (Index No. 03 Civ. 4304) on
Jan. 4, 2006 following a five-day trial that took place in October. KARIBA,
seeking to limit its liability, had attempted to excuse its hard turn to starboard into TRICOLOR by claiming that a third vessel, M/V CLARY, had compromised KARIBA’s navigation. Judge Baer, in what Chester Hooper of Holland & Knight described as a “well reasoned opinion,” held that KARIBA was solely at fault. He realized and held that TRICOLOR and CLARY had committed no fault that contributed to the cause of the collision.
This imporant ruling was covered widely in shipping publications including American Shipper, Fairplay, Lloyd's List, Lloyd's Register, TradeWinds, Maritime Today, Proctor in Admiralty and Marinelink.com.
TRICOLOR interests were represented at trial by Chester Hooper, James Shirley and Francesca Morris of Holland & Knight LLP.
About Holland & Knight’s Maritime Group: In August of 1997, Holland & Knight LLP combined its practice with Haight, Gardner, Poor & Havens. The
combination with this 167-year-old firm, followed in 1998 by Holland & Knight’s
merger with the 100-year-old maritime firm of Gabel & Hair in Jacksonville,
Florida, created the largest and most geographically diverse maritime practice
of any law firm in the U.S.
Contact: Ellen Farwell, (202) 419-2447