Dakota, Minnesota & Eastern Railway, Corp. v. Ingram Barge Co., No. 18-2143 (8th Cir. 2019)Annotate this Case
The owner of a lawful bridge may be found comparatively negligent for an allision even absent an affirmative legal duty to alter the bridge's configuration. DM&E filed suit against Ingram for damages stemming from a barge accident. The Eighth Circuit reversed the district court's judgment for DM&E for the full amount sought, and held that the district court erred by concluding that DM&E could not be assigned any share of fault because it had no legal duty to remove or alter the lawfully permitted bridge. Accordingly, the court remanded for the district court to determine whether DM&E was in fact comparatively negligent.