Robbie Hargett Sep. 10, 2015, 9:36am


The owner and operator of a swing bridge in the Rigolets waterway is suing a towing company and its insurer following a towboat's collision with the bridge.

CSX Transportation Inc. filed a complaint Sept. 2 in the Eastern District of Louisiana against Gulf Coast Material Management Inc., XYZ Insurance Co. in personam, and the marine vessel Tiffany Barrios, citing negligence.

The complaint states that on May 9, 2011, at approximately 5:55 p.m., the Tiffany Barrios, an inland towboat owned by Gulf Coast Material Management and insured by XYZ, was pushing four barges inbound in the Rigolets Bridge, owned by CSX, when the vessel struck and damaged the bridge's northeast and southeast fendering system and the structure itself while passing through the bridge opening.

The complaint states that these damages were not caused or contributed to by CSX, but were solely caused by the defendants' negligence when attempting to pass through the bridge opening, by failing to navigate with due care, failing to line up properly for the approach to the bridge, and other negligent acts.

As a result, the complaint alleges, CSX has incurred repair costs of more than $130,000.

CSX seeks interest, costs, attorney fees and other equitable relief. The plaintiff is represented by Brent A. Talbot and Thomas D. Forbes of Chaffe McCall LLP in New Orleans.

Eastern District of Louisiana case number 2:15-cv-04031-KDE-DEK

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