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Friday, March 29, 2024

CEMUS LLC, Kostmayer Construction LLC allege vessel caused damages to construction project

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BATON ROUGE – A tug/tow transportation company is alleged to have caused repair costs of more than $83,000 after a vessel struck a barge.

Tokio Marine Kiln Syndicate 1880, as subrogee of CEMUS LLC and Kostmayer Construction LLC, filed a complaint on June 5 in the U.S. District Court for the Middle District of Louisiana against Steel City Marine Transport Inc. and M/V Gregory David alleging that they failed to maintain a seaworthy vessel.

According to the complaint, Kostmayer was a general contractor for work at the CEMUS deep water facility on the Mississippi and had an insurance policy with Tokio Marine. In June 2016, the suit states that the M/V Gregory David, which was operated by Steel City, struck a barge owned by CEMUS and caused damages to the construction project.

The plaintiffs hold Steel City Marine Transport Inc. and M/V Gregory David responsible because the defendants allegedly failed to maintain proper control of the vessel and to ensure that the vessel would not lose steerage or power during voyage.

The plaintiffs seek an order of arrest against M/V Gregory David, interest, costs and attorney's fees and all other relief as may be just and proper. They are represented by Leah N. Engelhardt, Adelaida J. Ferchmin and Joseph B. Marino III of Preis PLC in New Orleans and Cary A. Des Roches of Law Office of Cary A. Des Roches in Metairie.

U.S. District Court for the Middle District of Louisiana case number 3:17-cv-00354

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