Price v. Atlantic Ro-Ro Carriers et al

Filing 172

MEMORANDUM. Signed by Chief Judge Catherine C. Blake on 5/12/2017. (dass, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
TROY D. PRICE, JR.
v.
ATLANTIC RO-RO CARRIERS, INC.,
ET AL.

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: CIVIL NO. CCB-11-1735
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:
:
...o0o...

MEMORANDUM
Now pending and fully briefed is the motion for summary judgment filed by defendant
Baltic Mercur. It will be granted.
Familiarity with the facts and applicable law as set forth in Price v. Atlantic Ro-Ro
Carriers, 45 F.Supp.3d 494 (D. Md. 2014) is presumed. The reasons for granting summary
judgment to ARRC apply equally to Baltic Mercur.
First, under the technical management agreement between Baltic Mercur and Mos
Shipping, Baltic Mercur was responsible for crewing, accounting, and other technical services,
but not for the actual operation of the vessel. Second, as to the duties under Scindia, (active
control or to intervene), the evidence shows that Baltic Mercur had none of its own personnel on
board the Vessel, exercised no active control over the loading/unloading operations in which the
plaintiff Troy Price was involved, and had no actual knowledge of the alleged dangerous
conditions that led to Mr. Price being injured. Mr. Price offers nothing specific to rebut Baltic
Mercur’s evidence, and cited no case imposing Scindia liability on a technical manager such as
Baltic Mercur.
A separate Order follows.
May 12, 2017
Date

/S/
Catherine C. Blake
United States District Judge