Note by David L. Hoskins
Plaintiff sued to recover for cargo damage resulting from the negligent navigation of a three-barge tow operated by the defendant carrier's independent towing contractor. The bill of lading governing the carriage incorporated the provisions of the Carriage of Goods by Sea Act (COGSA), and contained a Himalaya clause which extended all COGSA exemptions and immunities to independent contractors of the carrier. The United States District Court for the Eastern District of Louisiana held that the COGSA error in navigation defense is unavailable when the ship erroneously navigated is not the ship designated to be laden with cargo under the bill of lading in question, and that COGSA's catch-all exemption cannot insulate a carrier from liability for the negligence of its independent contractors in caring for the damaged cargo. Agrico Chemical Co. v. S.S. Atlantic Forest, 459 F. Supp. 638 (E.D. La. 1978).
About the Author
David L. Hoskins.
Citation
53 Tul. L. Rev. 1500 (1979)