Orduna S.A. v. Zen-Noh Grain Corp.

W. EUGENE DAVIS, Circuit Judge:

While loading a ship, a loading arm fell from a grain elevator tower causing the ship damage. The district court found the elevator operator, the designer of the tower, and the ship’s charterer liable for that damage. The various parties have filed multiple appeals and cross-appeals raising several issues. We affirm in part, reverse in part, and remand the case to the district court.

I. FACTS

In March 1984, a steel loading arm fell from a grain elevator on the Mississippi River onto the deck of the M/V TREBI-ZOND which was loading cargo in the berth below. This…