IN RE M/V DG HARMONY

No. 98 Civ. 8394(DC).

394 F.Supp.2d 649 (2005)

In re M/V DG HARMONY and Consolidated Cases.

United States District Court, S.D. New York.

October 18, 2005.


Attorney(s) appearing for the Case

Hill Rivkins & Hayden LLP by Anthony J. Pruzinsky, Esq., Daniel J. McInerney, Esq., New York City, for Cargo Plaintiffs.

Freehill, Hogan & Mahar, LLP by Peter J. Gutowski, Esq., Wayne D. Meehan, Esq., Gina M. Venezia, Esq., Michael Fernandez, Esq., New York City, for Vessel Owners.

Piper Rudnick LLP by Stanley McDermott III, Esq., Camilio Cardozo, Esq., New York City, The O'Neil Group by William E. O'Neil, Jr., Esq., Tracy J. Hayes, Esq., New Orleans, LA, Winston & Strawn by Lawrence I. Kiern, Esq., Washington, DC, for PPG Industries, Inc.

Badiak Will & Ruddy LLP by James P. Krauzlis, Esq., Bigham Englar Jones & Houston by Robert J. Phillips, Esq., Kennedy Lillis Schmidt & English by Craig S. English, Esq., New York City, Jadhav & Associates by Rajnikant D. Jadhav, Esq., Dobbs Ferry, NY, for other Counsel.


OPINION

CHIN, District Judge.

On November 9, 1998, the M/V DG HARMONY was off the coast of Brazil, en route from Miami. At approximately 7:20 a.m., the vessel shuddered. Within moments, dense smoke covered the ship. The master of the vessel, Captain Michael Balitzki, rushed to the bridge. After checking the wind, he turned the ship starboard. The wind cleared the smoke from the deck, and he saw flames coming from cargo hold 3.

The chief officer...

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