[Download] "In re Ohio River Disaster Litigation. Complaint of Walker Towing Corp." by United States Court Of Appeals For The Sixth Circuit * eBook PDF Kindle ePub Free

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eBook details

• Title: In re Ohio River Disaster Litigation. Complaint of Walker Towing Corp.
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 05, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 88 KB

Description

This admiralty case against the government arises because plaintiffs barges were damaged as a result of the allegedly negligent operation of a navigational dam along the Ohio River near Cincinnati by the United States Army Corps of Engineers during a prolonged period of cold weather and ice formation. Our decision turns on two interlocking questions: whether controversial decisions made in connection with the operation of Markland Dam by the Corps are covered by the "discretionary function" exception to governmental liability under the Federal Tort Claims Act, and whether any conduct by the Corps not covered by this exception was negligent and caused an ice "jam" or "gorge" to form which damaged petitioners barges. The District Court concluded that the discretionary function exception was inapplicable and that the Corps negligence caused an ice jam to form, in turn causing barges to sink or be swept downstream against Markland Dam. It awarded $2,711,649.50 to plaintiffs as damages, plus prejudgment interest.

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