Matter Of Oil Spill By The Amoco Cadiz,

954 F.2d 1279 (7th Cir. 1992)

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Nature of the Case

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Facts

Amoco Cadiz was purchased from Astilleros Espanoles, S.A. The plans for the Cadiz were reviewed by the American Bureau of Shipping (ABS). They were approved by ABS and incorporated into the basic shipbuilding contract. Amoco also made two modifications in the steering system by the addition of a low fluid level alarm and an increase in the rudder size. Amoco chose not to include a hand charging pump. Final plans for the ship were approved in June 1972. After the ship broke apart in a severe storm, various parties sued for the dumping of 220,000 tons of crude oil into the seas off of Brittany. France, various administrative departments in France, various cities, individuals, businesses, and associations sued. Lawsuits were filed in Illinois and New York and included the shipbuilder for negligence. One of the defendants, ABS settled with everyone in advance of the trial, and when the judgment came in against Amoco, the district court deducted those amounts paid Ps by ABS. Amoco was not happy and wanted contribution from ABS or a reduction in Ps' claims by the amount of ABS's responsibility. ABS was not a party to the Amoco litigation so the court could not give contribution. Amoco did sue ABS for contribution and that case remained on the court docket. Therefore, this appeal concerns itself with the reduction of Ps' claim by the amount of ABS's responsibility. Amoco claimed that under maritime law, there was general comparative fault under which each party is responsible only for its own share.