IN THE MATTER OF THE COMPLAINT OF KINGSTON SHIPPING CO., INC., ET AL., PLAINTIFFS-APPELLEES,
v.
JEANETTE ROBERTS, ET AL., DEFENDANTS, POLISH STEAMSHIP COMPANY, I. S. JOSEPH SHIPPING CO., LTD., I. S. JOSEPH CO., INC., CLIPPER MARITIME CO., LTD., PELL NEDERLAND, B.V., TERMAR NAVIGATION CO., TURBANA BANANA CORP., GULFCOAST TRANSIT CO., ABC CONTAINERLINE, N.V., WALLENIUS REDERIERNA & MOTORSHIP, INC., A/B HELSINGFORS STEAMSHIPS CO., LTD., ALIANZA NAVIERA ARGENTINA, S.A., MARTHANASSA COMPANIA, NAVIERA, S.A., NAVIOS CORP. & OCEANSIDE, LTD., CLAIMANTS-APPELLANTS
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A party cannot recover for purely economic losses resulting from a tort that caused physical damage to another party's property, absent physical harm to the claimant's own property.
A collision between two vessels blocked a port channel, causing delays for other vessels. Owners of these delayed vessels filed claims for economic lo…
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PER CURIAM:
Kingston Shipping Co., Inc., and Apex Marine Corp. filed an action in the United States District Court for the Middle District of Florida for “exoneration from or limitation of liability” growing out of a collision between the United States Coast Guard buoy tender BLACKTHORN and the S/S CAPRICORN that occurred in January 1980 in Tampa Bay. As a result of the collision, the BLACKTHORN sank in the main ship channel of the port of Tampa, blocking the channel and precluding deep draft vessels from either entering or departing until the wreckage was cleared about 26 days later. The owners of these “delayed-vessels” filed claims seeking to recover damages incurred as a result of their delayed passage into or out of the port of Tampa. Plaintiffs Kingston Shipping and Apex Marine moved to dismiss the claims of the delayed-claimants and the district judge dismissed these claims for failure to state a claim upon which relief could be granted.
This case is governed by the rule set down in Robins Dry Dock & Repair Co. v. Flint, 275 U.S. 303, 48 S.Ct. 134, 72 L.Ed. 290 (1927) and adopted by the former Fifth Circuit. Vicksburg Towing Co. v. Mississippi Marine Transport Co., 609 F. 2d 176 (5th Cir. 1980); Louisville and Nashville Railroad Co. v. M/V Bayou Lacombe, 597 F. 2d 469 (5th Cir. 1979); Dick Meyers Towing Service, Inc. v. United States, 577 F. 2d 1023 (5th Cir. 1978), cert. denied, 440 U.S. 908, 99 S.Ct. 1215, 59 L.Ed.2d 455 (1979).1 Robins made clear that a party may not recover for economic losses not associated with physical damages. The court states: “as a general rule, at least, a tort to the person or property of one man does not make the tort-feasor liable to another merely because the injured person was under a contract with that other, unknown to the doer of the wrong.” 275 U.S. at 309, 48 S.Ct. at 135.
Appellants’ attempts to question the validity or applicability of the Robins rule are without merit. In Louisville and Nashville, the former Fifth Circuit reaffirmed the validity of the rule: “Whatever the wisdom of the traditional rule of nonliability for negligent acts causing economic loss, Robins reflects the state of law in this circuit.” 597 F. 2d at 472. The order of the district court is AFFIRMED.
. The Eleventh Circuit has adopted the case law of the former Fifth Circuit as its governing body of precedent. Bonner v. City of Prichard, 661 F. 2d 1206 (11th Cir. 1981) (en banc).
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State OF La. v. M/V Testbank, 752 F.2d 1019 (5th Cir. 1985)…y judgment, sufficient to create a genuine issue for trial, of anything more than merely the negligent interference with contract rights. Id. at 958. . The Eleventh Circuit has followed this Court. In Kingston Shipping Co. v. Roberts, 11 Cir.1982, 667 F. 2d 34 (per curiam), cert. denied, 1982, 458 U.S. 1108, 102 S.Ct. 3487, 73 L.Ed.2d 1369, that [*1038] Court stated flatly: “Robins made clear that a party may not recover for economic losses not associated with physical damages." Id. at 35. The court denie…1 / 2
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Miller Indus. v. Caterpillar Tractor Co., 733 F.2d 813 (11th Cir. 1984)…ULACOMBE, 597 F. 2d 469, 472 (5th Cir.1979) (“Whatever the wisdom of the traditional rule of non-liability for negligent acts causing economic loss, Robins reflects the state of law in this circuit”). See also Kingston Shipping Co., Inc. v. Roberts, 667 F. 2d 34 (11th Cir.1982); Hercules Carriers, Inc. v. State [*819] of Florida, 720 F. 2d 1201 (11th Cir.1983) (Clark, J., concurring), district court judgment affirmed by operation of law because of equally divided en banc court, 728 F. 2d 1359 (11th Cir.1984…
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In re the Complaint of the United States v. I.S. Joseph Shipping, Ltd., 720 F.2d 1206 (11th Cir. 1983)…PER CURIAM: This judgment of the district court is affirmed. The accident giving rise to the claim for damages in this case is the same as that in Kingston Shipping Co. v. Roberts, 667 F. 2d 34 (11th Cir.1982), but the defendant is different. That opinion controls this case. However, in In the Matter of the Complaint of Hercules Carriers, Inc. v. State of Florida, Canadian Transport Company, et al., Case No. 81-6005, decided this same day…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bonner v. City OF Prichard, 661 F.2d 1206 (11th Cir. 1981)
- Robins Dry Dock & Repair Co. v. Flint, 275 U.S. 303 (U.S. 1927)
- Esquire, Inc. v. Ringer, 440 U.S. 908 (U.S. 1979)
- Hongisto v. Glen, 440 U.S. 908 (U.S. 1979)
- Dick Meyers Towing Serv., Inc. v. The United States, 577 F.2d 1023 (5th Cir. 1978)
- Louisville & Nashville R.R. Co. v. The Tug M/V Bayou Lacombe, 597 F.2d 469 (5th Cir. 1979)
- Vicksburg Towing Co. v. Miss. Marine Transp. Co., 609 F.2d 176 (5th Cir. 1980)