Friday, October 10, 2014

State of Louisiana v. Testbank case brief summary

State of Louisiana v. Testbank case brief summary

Facts: 
Two vessels collided which resulted in massive oil spill where the outlet had to be closed. All fishing, shrimping, and related activity was temporarily suspended and business suffered economic loss from halt in activities.
The court concluded that claims for economic loss unaccompanied by physical damage to a proprietary interest were not recoverable in maritime tort. 


Issue: whether P can recover of economic loss caused by D w/o physical damage to their property even though injury was foreseeable.

Rule: No recovery of economic losses caused by shipping accident w/o physical damage to their property although injury was foreseeable.
Pure economic unaffected by any physical damage cannot recover


Conclusion: affirmed


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