ELR Citation: ELR 20397
No(s). 82-3059 (5th Cir. Apr 2, 1984)

The court holds that business persons who allegedly lost profits but suffered no physical damage to property or person as a result of a toxic chemical spill from appellees' vessel cannot recover their losses. The court holds that vessel owners, terminal operators, commercial fishing operations, and related businesses are barred from recovering consequential economic losses under established maritime law because neither they nor their property suffered any physical damage.

A concurring judge would have the court reconsider the case en banc, and rather then strictly requiring physical damages for any recovery, would hold defendants liable for all proximate harm caused by their negligence.

Counsel for Appellants
Gerard T. Gelpi
Gelpi, Sullivan, Carroll & Laborde
430 Notre Dame St., New Orleans LA 70130
(504) 524-9714

Sidney D. Torres III
P.O. Box 166, Chalmette LA 70044
(504) 271-8422

Counsel for Appellees
J. Dwight Le Blanc Jr.
Chaffe, McCall, Phillips, Toler & Sarpy
1500 First Nat'l Bank of Commerce Bldg., New Orleans LA 70112
(504) 568-1320

Walter Carroll Jr.
Terriberry, Carroll & Yancey
2100 Int'l Trade Mart, New Orleans LA 70130-1462
(504) 523-6451

Before WISDOM, REAVLEY, and HIGGINBOTHAM, Circuit Judges.