Note by James Stephen O'Brien, Jr.
The M/V Dauntless Colocotronis (the Dauntless) was damaged as a result of a collision with an unmarked, sunken barge. Her owners, alleging liability for failure to mark or remove the wreck as required by the Wreck Act, sued the barge's owners and the United States for damages. The barge owners, Combi Lines (Combi), and the United States claimed indemnity or, alternatively, contribution from the upriver, non-owner tortfeasors whose alleged negligence was the sole cause of the barge's sinking. The upriver, negligent sinkers moved for judgment on the pleadings on the ground that neither the barge owners nor the United States had stated a claim upon which relief could be granted. The district court granted the motion, holding that the Wreck Act mandated the finding that the sole proximate cause of the collision was the failure of the barge owners or the United States to fulfill its statutory obligation to mark or remove the wreck. The court of appeals vacated the judgment and remanded the case for further proceedings. Following a rehearing en banc, the court of appeals reversed the lower court's interpretation of the Wreck Act and again remanded for further proceedings. Under this new interpretation of the Wreck Act, the negligent non-owner sinker may be held personally liable for damages sustained by a vessel striking the unmarked wreck, or to the wreck's owners or the United States in contribution. Nunley v. M/V Dauntless Colocotronis, 727 F.2d 455 (5th Cir. 1984).
About the Author
James Stephen O'Brien, Jr.
Citation
59 Tul. L. Rev. 1089 (1985)