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Admiralty Law Keyed to Maraist
Mapco Petroleum v. Memphis Barge Line
Citation:
849 S.W.2d 312 (1993)Facts
Memphis Barge Line owned and operated the vessel M/V Sebring, which on December 7, 1986, was pushing a 3-barge tow toward one of Mapco Petroleum’s dock facilities on the Mississippi River. The vessel intended to moor at the dock for the night, but instead, one of the barges being towed struck and damaged Mapco’s dock. Mapco filed suit in the Circuit Court of Shelby County, claiming the damage resulted from Memphis Barge’s negligence. In its answer, Memphis Barge asserted an affirmative defense under 46 U.S.C.App. § 183, seeking to limit its liability to $353,515.58, the value of the M/V Sebring and its freight. Mapco moved to strike this defense, claiming the court lacked subject matter jurisdiction. The trial court agreed and struck the defense. The parties then stipulated to damages of $690,000 plus interest, totaling $905,915.02. Memphis Barge appealed, and both parties subsequently appealed the Court of Appeals’ decision.
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