State seeks $7.1 million from Delta Mariner owner for bridge accident
by Franklin Clark, Reporter --
Jan 09, 2013 | 5 5 recommendations | email to a friend | print
download Notice of claims filed
download Kentucky Transportation Cabinet answer and claim
<i>Foss Maritime's Delta Mariner lawsuit</i>
download Delta Mariner lawsuit
The Kentucky Transportation Cabinet is seeking roughly $7.1 million from Foss Maritime for that company’s alleged negligence in the Jan. 26 Eggner Ferry Bridge accident. Foss Maritime owns the M/V Delta Mariner, the ship that hit the bridge.

KyTC Spokesman Chuck Wolfe said their “answer and claim” document, filed on Dec. 4, was a response to a “limitation of liability” claim filed by Foss Maritime on Feb. 14 last year. Both were filed in U.S. District Court in Paducah.

Foss Maritime Spokeswoman Suzanne Lagoni said they filed their February claim under the Shipowner’s Limitation of Liability Act, and that everyone with claims arising from the incident was given until Dec. 12 to file those claims. On Thursday, Foss Maritime made public all of the claims against it as a result of the accident.

“This is a customary practice when maritime casualties occur,” Lagoni said Thursday afternoon of its original claim, before talking about the current filing. “Today Foss, in order to comply with applicable procedural rules that govern maritime claims, filed with the court a notice of all the claims that were received.”

Foss Maritime doesn’t have to sue another party under maritime law, but can instead ask a judge to rule on how much liability it has for an accident, an action that delays other lawsuits and other legal proceedings until the judge determines that.

For the rest of this story, see this week's issue of The Cadiz Record or subscribe to our e-Edition by calling 270-522-6605.
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