Terral River Service, Inc. v. SCF Marine Inc., No. 21-30047 (5th Cir. 2021)
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After SCF delivered its barge to a loading facility operated by Terral, the barge sank while secured at Terral's facility. Terral then filed suit against SCF, alleging general maritime negligence, unseaworthiness, breach of contract, and indemnity. Underlying Terral's claims is the allegation that a fracture on the barge preexisted delivery of the barge to Terral and is estimated to be two to four weeks old. In Terral's second amended complaint, it added contribution and salvage claims. SCF counterclaimed against Terral for negligence and breach of duty.
The Fifth Circuit affirmed the district court's grant of summary judgment to SCF on all of Terral's claims, concluding that Terral cannot show that there is a genuine issue of material fact over an essential element of each of its claims for which it bears the burden of proof. In this case, the district court correctly determined that Terral bears the burden of proof for all of its claims. In regard to the non-salvage claims, the court concluded that Terral lacked sufficient evidence to show that the hull was fractured prior to the barge's delivery. The court also concluded that Terral's salvage claim is foreclosed because Terral had a preexisting duty as the barge's bailee, a duty of ordinary care owed to SCF.
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