Catalyst Old River v. Ingram Barge Co., et al, No. 10-30466 (5th Cir. 2011)Annotate this Case
Plaintiff, owner and operator of a hydroelectric station on a privately owned channel from the Mississippi River, sued defendant, operators of tug boats with barge tows, seeking damages for the value of the electrical power plaintiff was unable to generate due to the intrusion of defendant's barge. At issue was whether the district court erred in granting summary judgment in favor of defendant where plaintiff suffered damage to its property interest under Louisiana ex. rel. Guste v. M/V TESTBANK, which justified the recovery of economic damages. The court held that the district court erred in granting summary judgment in favor of defendant where the entry of defendant's barge in plaintiff's privately owned hydroelectric facility caused physical damage to plaintiff's property and invasion of property interests.