In the Matter of the Complaint of Vulcan Materials Company, owner of the Tug WILLIAM E. POLLE, for Exoneration from or Limitation of Liability

Justia Dockets & Filings Fourth Circuit Virginia Eastern District In the Matter of the Complaint of Vulcan Materials Company, owner of the Tug WILLIAM E. POLLE, for Exoneration from or Limitation of Liability

In the Matter of the Complaint of Vulcan Materials Company, owner of the Tug WILLIAM E. POLLE, for Exoneration from or Limitation of Liability

Plaintiff:	In the Matter of the Complaint of Vulcan Materials Company, owner of the Tug WILLIAM E. POLLE, for Exoneration from or Limitation of Liability
Claimant:	Cassita Massiah
ThirdParty Defendant:	United States of America
ThirdParty Plaintiff:	In the Matter of the Complaint of Vulcan Materials Company, owner of the Tug WILLIAM E. POLLE, for Exoneration from or Limitation of Liability
Case Number:	2:2008cv00377
Filed:	August 13, 2008
Court:	US District Court for the Eastern District of Virginia
Office:	Norfolk Office
County:	Out of State
Presiding Judge:	James E. Bradberry
Presiding Judge:	Henry C. Morgan
Nature of Suit:	Defendant
Cause of Action:	28 U.S.C. § 1333 Admiralty
Jury Demanded By:	Defendant

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Date Filed	Document Text
December 17, 2009	Filing 89 ORDER that judgment is entered in favor of Claimant Cassita Massiah. The Court FINDS that both the United States and Vulcan were negligent and the Court further FINDS that Porter's death was proximately caused by the negligence of both the Unit ed States and Vulcan. The Court FINDS that the United States was 80% at fault and Vulcan was 20% at fault for Porter's death. The Court FINDS that Vulcan had privity and is therefore not entitled to limitation of liability. The Court FINDS that Vulcan's claim for contribution against the United States is barred by sovereign immunity. The Court GRANTS the United States' Motion to Dismiss and DISMISSES the United States as a party to this action. Vulcan alone is monetar ily responsible for the full amount of damages awarded by the Court. The Court FINDS that the funeral expenses did not come from a collateral source, but that the death gratuity payment did. The Court will not reduce the judgment by the amount of t he death gratuity payment. The Court DECLINES to award prejudgment interest. Having FOUND Plaintiff Vulcan Materials Company to be jointly and severally liable for the wrongful death of Freddie N. Porter, Jr., and in accordance with the damages pro visions of Virginia law, the Court GRANTS judgment for Claimant in the amount of $1,250,000.00, to be distributed as follows: $600,000.00 to Cassita Massiah; $300,000.00 to Freddie Porter Sr.; and $50,000.00 to each of Porter' ;s seven siblings. Although Claimant is entitled to recover her expenses for Porter's funeral, the United States has already reimbursed those expenses, and accordingly no provision is made therefor in this judgment. Signed by District Judge Henry C. Morgan, Jr and filed on 12/17/09; Copies to counsel on 12/17/09. (kgri)

Date Filed

Document Text

December 17, 2009

Filing 89 ORDER that judgment is entered in favor of Claimant Cassita Massiah. The Court FINDS that both the United States and Vulcan were negligent and the Court further FINDS that Porter's death was proximately caused by the negligence of both the Unit ed States and Vulcan. The Court FINDS that the United States was 80% at fault and Vulcan was 20% at fault for Porter's death. The Court FINDS that Vulcan had privity and is therefore not entitled to limitation of liability. The Court FINDS that Vulcan's claim for contribution against the United States is barred by sovereign immunity. The Court GRANTS the United States' Motion to Dismiss and DISMISSES the United States as a party to this action. Vulcan alone is monetar ily responsible for the full amount of damages awarded by the Court. The Court FINDS that the funeral expenses did not come from a collateral source, but that the death gratuity payment did. The Court will not reduce the judgment by the amount of t he death gratuity payment. The Court DECLINES to award prejudgment interest. Having FOUND Plaintiff Vulcan Materials Company to be jointly and severally liable for the wrongful death of Freddie N. Porter, Jr., and in accordance with the damages pro visions of Virginia law, the Court GRANTS judgment for Claimant in the amount of $1,250,000.00, to be distributed as follows: $600,000.00 to Cassita Massiah; $300,000.00 to Freddie Porter Sr.; and $50,000.00 to each of Porter' ;s seven siblings. Although Claimant is entitled to recover her expenses for Porter's funeral, the United States has already reimbursed those expenses, and accordingly no provision is made therefor in this judgment. Signed by District Judge Henry C. Morgan, Jr and filed on 12/17/09; Copies to counsel on 12/17/09. (kgri)

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Plaintiff: In the Matter of the Complaint of Vulcan Materials Company, owner of the Tug WILLIAM E. POLLE, for Exoneration from or Limitation of Liability
Represented By:	Carl David Gray
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Claimant: Cassita Massiah
Represented By:	Michael F. Imprevento
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Thirdparty defendant: United States of America
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Thirdparty plaintiff: In the Matter of the Complaint of Vulcan Materials Company, owner of the Tug WILLIAM E. POLLE, for Exoneration from or Limitation of Liability
Represented By:	John Early Holloway
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