BUTCHER v. DRAVO CORPORATION

Filing 123

OPINION AND ORDER granting in part and denying in part 70 Motion for Summary Judgment filed by Price Inland; denying 74 Motion for Summary Judgment filed by American Commercial Lines, LLC and American Commercial Barge Lines; denying 81 Counter- Motion for Summary Judgment filed by Dravo Corp. and Dravo Lime Corp.; granting in part and denying in part 96 Counter-Motion for Summary Judgment filed by Dravo Corp. and Dravo Lime Corp. It is hereby Ordered that Price Inlands Motion for Summary Judgment 70 is GRANTED in its favor and against American Commercial Lines, LLC, American Commercial Barge Lines, and Butcher, and DENIED as to Dravo Corporation and Dravo Lime Corporation. Judgment is entered in favor of Price and against Butcher on his negligence claim in Civil Action 01-1505. Judgment is entered in favor of Price and against American Commercial Lines, LLC and American Commercial Barge Lines on the latter parties claim for contractual indemnity in Civil Action No. 01-1357. IT IS FURTHER ORDERED that the counter-motion for summary judgment filed by Dravo Corporation and Dravo Lime Corporation 81 against Price Inland on the Dravo parties claim for contribution and/or indemnity is DENIED. IT IS FURTHER ORDERED that the Motion for Summary Judgment filed by American Commercial Lines, LLC and American Commercial Barge Lines 74 is DENIED with regard to the negligence claims of Butcher and Dravo Corp., and is DENIED with regard to ACBLs contractual indemnity claims a gainst Price and Dravo Lime. IT IS FURTHER ORDERED that the counter-motion for summary judgment filed by Dravo Corporation and Dravo Lime Corporation 96 is DENIED as to Dravo Limes claim that ACBL breached its agreement to provide suitable barges for transporting Dravo Limes lime under the Contract of Affreightment, and GRANTED as to ACBLs contractual indemnity claim against Dravo Lime under the Transportation Agreement. Judgment is entered in favor of American Commercial Lines, LLC and Amer ican Commercial Barge Lines and against Dravo Lime on Dravo Limes cross-claim in Civil Action No. 01-1505 for breach of contract. Judgment is entered in favor of Dravo Lime and against American Commercial Lines LLC and American Commercial Barge Lines on American Commercial Barge Lines contractual indemnity claim against Dravo Lime in Civil Action No. 02-1157. Signed by Magistrate Judge Lisa Pupo Lenihan on 3/25/09. (clh)