Evergreen International, S.A. v. Marinex Construction Co.

ORDER

DUFFY, District Judge.

This matter is before the court on Plaintiff Evergreen International, S.A.’s (“Evergreen”) motion for partial summary judgment.

On the morning of September 30, 2002, Evergreen’s container vessel EVER REACH came into contact with a submerged dredge pipeline placed across the Cooper River by Norfolk Dredging Company, Inc (“NDC”). The contact with the dredge pipe resulted in extensive damage to the EVER REACH’S hull, as well as the release of fuel oil into the Cooper River. Evergreen has since incurred expenses to repair the vessel’s hull, to remove oil from the Cooper…