Pugh AccardoPugh AccardoPugh AccardoPugh Accardo
  • Firm Profile
  • Practice Areas
  • Our Team
  • News
  • Contact

National stevedore operator wins appeal in long-running personal injury action.

On December 10, 2014, a unanimous panel of Louisiana’s Fourth Circuit Court of Appeal affirmed the trial court’s judgment granting a motion for summary judgment in favor of a national stevedoring operator, Universal Maritime Service Corporation (UMS). UMS is represented by Chris Carey, in the firm’s Covington office, and William Sentell, in the New Orleans office. Mr. Sentell argued the appeal in front of the Fourth Circuit.

The original personal injury action was filed in 2008 against the Board of Commissioners of the Port of New Orleans (Dock Board). In a third-party demand, the Dock Board sought contractual defense and indemnity against UMS, among other stevedoring operators at the Port of New Orleans’ Nashville Avenue Terminal.

UMS filed a motion for summary judgment, arguing that there was no obligation to provide contractual defense and indemnity under the facts and law applicable to the case. In affirming the trial court’s judgment dismissing the Dock Board’s claims against UMS, the Fourth Circuit panel concluded that “the indemnity clause simply does not provide, in unequivocal terms, indemnity for damages caused by the Board’s own negligence.”

The case isCharles v. Gervais, et al., No. 2014-CA-0447 (La. App. 4thCir. 12/10/14).

No tags.

Attorneys

  • Francis Philip Accardo
  • Jamie H. Baglio
  • Beth Bernstein
  • Alexander J. Brewster
  • Stephen W. Brooks, Jr.
  • Brent M. Burns
  • Christopher E. Carey
  • David L. Carrigee
  • Francis X. deBlanc, III
  • Douglas R. Elliott
  • Ernest George Foundas
  • Amanda Fraser
  • Frederick T. Haas, III
  • John Hulse IV
  • Perrey S. Lee
  • Amy Malish
  • Daniel E. Oser
  • Maura Pelleteri
  • Lawrence G. Pugh, III
  • McGready L. Richeson
  • Joseph L. Spilman, III
  • Milele N. St. Julien
  • John A. Stewart, Jr.
  • Gabriel J. Veninata
  • Richard J. Voelker
  • Ingrid von Kleydorff
  • G. Benjamin Ward
  • Donna M. Young

Practice Areas

  • Admiralty and Maritime Law
  • Class Actions, Mass Actions, and Multi-District Litigation
  • Franchise Law
  • General Civil Litigation
  • Insurance Defense
  • Intellectual Property Law
  • Toxic Torts and Environmental Litigation
  • Workers’ Compensation and Employer Liability
  • Main Telephone: 504.799.4500 | Fax: 504.799.4520
  • Contact
© Pugh Accardo LLC
  • Firm Profile
  • Practice Areas
  • Our Team
  • News
  • Contact
Pugh Accardo
This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. Cookie settingsACCEPT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are as essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
SAVE & ACCEPT