PRICE v. ATLANTIC RO-RO CARRIERS, INC.

Civil No. CCB-11-1735.

TROY D. PRICE, JR. v. ATLANTIC RO-RO CARRIERS, INC., ET AL.

United States District Court, D. Maryland.

Editors Note
Applicable Law: 28 U.S.C. § 1446
Cause: 28 U.S.C. § 1446 Petition for Removal - Personal Injury
Nature of Suit: 340 Marine
Source: PACER


Attorney(s) appearing for the Case

Troy D. Price, Jr., Plaintiff, represented by Gerald F. Gay , Arnold Sevel and Gay PA.

Troy D. Price, Jr., Plaintiff, represented by Bernard J. Sevel , Arnold Sevel and Gay PA.

Atlantic Ro-Ro Carriers, Inc., Defendant, represented by J. Stephen Simms , Simms Showers LLP, Kirk M. Lyons , Lyons and Flood LLP, pro hac vice, John Randolph Foster , Lyons and Flood LLP, pro hac vice, John Thomas Ward , Simms Showers LLP & Marios John Monopolis , Simms Showers LLP.

Mos Shipping Co., Ltd., Defendant, represented by J. Stephen Simms , Simms Showers LLP, Kirk M. Lyons , Lyons and Flood LLP, pro hac vice, John Randolph Foster , Lyons and Flood LLP, pro hac vice, John Thomas Ward , Simms Showers LLP & Marios John Monopolis , Simms Showers LLP.

Atlantic Ro-Ro Carriers, Inc., ThirdParty Plaintiff, represented by J. Stephen Simms , Simms Showers LLP, Kirk M. Lyons , Lyons and Flood LLP, pro hac vice, John Randolph Foster , Lyons and Flood LLP, pro hac vice, John Thomas Ward , Simms Showers LLP & Marios John Monopolis , Simms Showers LLP.

Rukert Terminals Corporation, ThirdParty Defendant, represented by James W. Bartlett, III , Semmes Bowen and Semmes PC.

Mos Shipping Co., Ltd., ThirdParty Plaintiff, represented by J. Stephen Simms , Simms Showers LLP, Kirk M. Lyons , Lyons and Flood LLP, pro hac vice, John Randolph Foster , Lyons and Flood LLP, pro hac vice, John Thomas Ward , Simms Showers LLP & Marios John Monopolis , Simms Showers LLP.

Atlantic Ro-Ro Carriers, Inc., ThirdParty Plaintiff, represented by J. Stephen Simms , Simms Showers LLP, Kirk M. Lyons , Lyons and Flood LLP, pro hac vice, John Randolph Foster , Lyons and Flood LLP, pro hac vice, John Thomas Ward , Simms Showers LLP & Marios John Monopolis , Simms Showers LLP.

Baltic Mercur Joint Stock Company, ThirdParty Plaintiff, represented by J. Stephen Simms , Simms Showers LLP, Kirk M. Lyons , Lyons and Flood LLP, pro hac vice, John Randolph Foster , Lyons and Flood LLP, pro hac vice, John Thomas Ward , Simms Showers LLP & Marios John Monopolis , Simms Showers LLP.

Rukert Terminals Corporation, ThirdParty Defendant, represented by James W. Bartlett, III , Semmes Bowen and Semmes PC.


MEMORANDUM

CATHERINE C. BLAKE, District Judge.

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.


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