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LOUISIANA RECORD

Thursday, March 28, 2024

Chemical manufacturer alleges defendants' negligence led to lost cargo

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NEW ORLEANS — A Dallas chemical manufacturer is suing multiple defendants, alleging their negligence led to the loss of more than $247,000 worth of cargo.

Occidental Chemical Corporation filed a lawsuit June 28 in U.S. District Court for the Eastern District of Louisiana against American River Transportation Co. (ARTCO) LLC, Archer-Daniels-Midland Company, Kenneth Welch, M/V American Heritage, John Doe 1 and John Doe 2, alleging negligence in that a vessel was not seaworthy.

According to the complaint, on July 2, 2015, Occidental Chemical was loading caustic soda on M/V David G, Sehrt and its tow of seven barges including Barge IB-1047. Suddenly, the suit says, M/V American Heritage, under the guidance of Welch and John Does 1 and 2, collided with the barge, causing the plaintiff to loose its entire cargo in the amount of at least $247,432.05. 

The plaintiff alleges M/V American Heritage operators failed to properly navigate and maintain control of the vessel, failed to keep proper lookout and failed to sound a timely signal.

Occidental Chemical seeks a trial by jury, judgment of not less than $247,432.05 and such other relief as is just and equitable. It is represented by attorneys Brandon K, Thibodeaux, Andrew S. de Klerk and T. Patrick O'Leary of Frilot LLC in New Orleans.

U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-12012

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