Lloyd's Maritime Law Newsletter
Gulfgate Marine Transportation Co Inc v A/S Dampskibsselskabet Svendborg (The “Nicole Trahan”) - US Court of Appeals (5th Circuit) (Jolly, Wiener and Emilio M Garza Ct JJ) - 12 January 1994
Collision action - Whether damaged vessel entitled to detention damages even though unable to prove any specific loss of profits
Whilst fogbound in the Mississippi River and anchored along the shore, the vessel
Svendborg Maersk
(“the vessel”) was struck by the Gulfgate’s tugs
Michael Trahan
and
Nicole Trahan
, and sustained damage. At the time, the vessel was operating under a front-haul charter (“the collision charter”). During
the collision charter, the vessel’s owners secured their next charter, a back-haul charter and, in order to illustrate the
market in which the vessel was operating, even secured the following front-haul charter.