United States v. Carnival Corp.

MEMORANDUM OPINION AND ORDER

CALLIE V.S. GRANADE, District Judge.

This matter is before the court on the motion of the United States for partial summary judgment (Doc. 68), the response of Carnival Corporation (Doc. 74) and the United States’ reply (Doc. 78). For the reasons stated below, the court finds that §§ 408 and 412 do not provide strict liability for damage incurred by the dredging vessel MW WHEELER on April 3, 2013, and that the United States’ motion is due to be denied.

I. Facts

This case arises from the allision of the M/V CARNIVAL TRIUMPH (“TRIUMPH”) with the MTV WHEELER on April 3,…