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Remedies Keyed to Tabb, 8th
City of Milwaukee v. Cement Division of National Gypsum Company
Citation:
515 U.S. 189 (1995)Facts
On Christmas Eve 1979, the E.M. Ford, owned by the Cement Division of National Gypsum Company, was berthed in a slip owned by the City of Milwaukee in the outer harbor. During a severe winter storm, the vessel broke loose from its moorings, battered against the headwall of the slip, took on water, and sank. The ship was left virtually unmanned during the Christmas holidays with no means aboard for monitoring weather conditions or summoning help. National Gypsum sued the City for breach of duty as a wharfinger, alleging the City assigned the vessel to an unsafe slip and failed to warn of hidden dangers. The City counterclaimed for dock damage, alleging National Gypsum was negligent in leaving the ship unmanned. After trial and appeal, fault was allocated two-thirds to National Gypsum and one-third to the City, with damages fixed at $1,677,541.86 excluding prejudgment interest. National Gypsum then sought over $5.3 million in prejudgment interest.
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