Attorney Daniel DeKoter of DeKoter, Thole, Dawson & Rockman, PLC recently won a judgment following a four-day bench trial in the United States District Court for the Northern District of Iowa. The case raised significant legal issues for owners of bridges that span navigable waters in the United States.
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Image source: thelostuniversallaws.com
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DeKoter’s client is the Canadian Pacific Railroad, which owns a railroad bridge at Sabula Iowa through its subsidiary, the Dakota, Minnesota & Eastern Railroad (DM&E). On April 24, 2015, Ingram Barge Company was operating a towboat that was pushing nine barges northbound when it ran into the bridge’s south center protection pier. The DM&E filed a suit against Ingram for property damages. The total repair costs and related expenses were $276,860.65.
Ingram contended that the railroad could be found at fault for failing to upgrade and widen the opening of its bridge, whose piers were placed in the 1880s. Ingram claimed that bridge owners have a duty to accommodate the increasing length and width of groups of barges to conform to modern towing practices.
The DM&E contended that no such duty existed. The Court agreed with the DM&E that no such duty exists under federal maritime law. The bridge owner’s duties are limited to those imposed by regulation and statute. The bridge owner does not have a general duty of reasonable care to change its bridge configuration to accommodate river traffic.
The Court found no fault on the part of the railroad in causing the bridge damage. It entered a judgment against Ingram for the full amount claimed on April 24, 2018—exactly three years after the incident.
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Image source: casuallaw.com
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Daniel DeKoter is a partner at DeKoter, Thole, Dawson & Rockman, PLC, a law firm based in Sibley, Iowa. He is an alumnus of Calvin College, graduating in 1977 with a degree in Philosophy and English. For related reads, visit this webpage.
