NEW ORLEANS — Several European companies are suing M/V HC Bea-Luna, Central Oceans USA LLC, Onego Shipping & Chartering BV, Canadian National Railway Company (CN) and Berard Transportation Inc., common carriers, alleging negligence and insufficient measures taken to prevent damages.
Royal Smit Transformers BV, AXA Versicherung AG, HDI-Gerling Industrie-Versicherung AG, Basler Sachversicherung AG and Ergo Versicherung AG filed a complaint on Sept. 12 in the U.S. District Court for the Eastern District of Louisiana against the defendants, alleging that they breached their obligations under the governing contracts of affreightment.
According to the complaint, the plaintiffs allege that they sustained significant damages to their cargoes that resulted in losses of at least $1.6 million plus survey fees and expenses. The plaintiffs hold the defendants responsible because they defendants allegedly breached their duty to protect the plaintiffs' cargoes, and defendant M/V HC Bea-Luna allegedly failed to provide a seaworthy vessel.
The plaintiffs request a trial by jury and seek judgment against the defendants to pay the plaintiffs' losses, plus interest, costs and disbursement and such other and further relief as they may be entitled to receive. They are represented by Philip S. Brooks Jr. and Ronald J. Kitto of Montgomery Barnett LLP in New Orleans.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-14647