A steel and metals manufacturer in its insurer are suing a shipping company, alleging one of its vessels delivered damaged cargo.
Commercial Metals Co., doing business as CMC Cometals Steel, and Zurich American Insurance Co., as subrogee of Commercial Metals, filed a lawsuit Sept. 9 in the Houston Division of the Southern District of Texas against M/V Oriental Phoenix, in rem, and New Vantage Shipping, alleging neglect, un-seaworthiness, maritime tort and breach of warranty.
According to the complaint, in June 2014, the defendants delivered cargo owned by the plaintiffs in non-conforming and damaged condition. The suit says the defendants' actions constitute fault, neglect, un-seaworthiness, maritime tort and breach of warranty, resulting in damages to the plaintiffs of approximately $165,000.
The plaintiffs seek a judgment in an amount exceeding the above sum, plus interest and costs of the suit. They are represented by attorney W. Sean O'Neil of Houston.
Houston Division of the Southern District of Texas case number 4:15-cv-02621.