Kirby: Other Ship's Speed, Recklessness Caused Houston Collision

by Ship & Bunker News Team
Friday April 25, 2014

Kirby Inland Marine (Kirby) has accused the vessel that collided with its tugboat, M/V Miss Susan, and barge in the Houston Shipping Channel last month of speeding and reckless operation, local newspaper the Associated Press reports.

In court filings, Kirby claims ship owner Sea Galaxy Marine's vessel, M/V Summer Wind, caused the collision through gross negligence.

"While the Summer Wind knew of the Miss Susan's position, at no time did it attempt to adjust its speed or heading to avoid the vessel," Kirby Inland said in an April 8 court filing.

"The collision occurred, among other reasons, due to the Summer Wind's excessive, unreasonable speed."

Kirby also claims the accident was "solely and proximately caused by the fault ... and gross negligence of (Sea Galaxy Marine), and/or by the dangerous or unseaworthy condition of the Summer Wind."

In its own filings, Sea Galaxy Marine denies the collision was its fault, describing the Summer Wind as "in all respects seaworthy," and "staunch, strong, properly and sufficiently manned."

The company also argues damage and loss from the incident "were not caused or contributed to in any way by the fault, negligence or lack of due care on the part of ... Sea Galaxy."

Sea Galaxy is seeking to be found not liable for injuries or damages, or to have its liability limited to the ship's value, of about $9.3 million.

In its suit against Sea Galaxy, the Summer Wind, and operator Cleopatra Shipping Agency Ltd., Kirby claimed the collision, which caused release of 168,000 gallons of oil into the waterway, has cost it more than $10 million and called for the sale of the vessel  to pay for damages, interest, attorney's fees, and court fees.