JEROME B. GRUBART, INC. v. GREAT LAKES DREDGE & DOCK CO.

No. 93-762.

513 U.S. 527 (1995)

JEROME B. GRUBART, INC. v. GREAT LAKES DREDGE & DOCK CO. et al.

United States Supreme Court.

Decided February 22, 1995.


Attorney(s) appearing for the Case

Ben Barnow argued the cause for petitioner in No. 93-762. With him on the briefs were Alan M. Goldberg, Albert Cueller, Robert A. Holstein, Aron D. Robinson, William J. Harte, Philip B. Kurland, and Alan S. Madans. Lawrence Rosenthal argued the cause for petitioner in No. 93-1094. With him on the briefs were Susan S. Sher, Benna Ruth Solomon, Stuart D. Fullerton, Theodore R. Tetzlaff, Barry Sullivan, Russ M. Strobel, and Michael F. Sturley.

John G. Roberts, Jr., argued the cause for respondent Great Lakes Dredge & Dock Co. in both cases. With him on the brief were David G. Leitch, Douglas M. Reimer, Carl W. Schwarz, Stewart W. Karge, William P. Schuman, Jeffrey E. Stone, Duane M. Kelley, and Jack J. Crowe.

Souter, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Kennedy, and Ginsburg, JJ., joined. O'Connor, J.,filed a concurring opinion, p. 548. Thomas, J.,filed an opinion concurring in the judgment, in which Scalia, J.,joined, p. 549. Stevens and Breyer, JJ., took no part in the decision of the cases.


Justice Souter, delivered the opinion of the Court.

On April 13, 1992, water from the Chicago River poured into a freight tunnel running under the river and thence into the basements of buildings in the downtown Chicago Loop. Allegedly, the flooding resulted from events several months earlier, when respondent Great Lakes Dredge and Dock Company had used a crane, sitting on a barge in the river next to a bridge, to drive piles into the riverbed above the tunnel. The...

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