United States v. Ocean Bulk Ships, Inc.

248 F.3d 331 (5th Cir. 2001)

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Nature of the Case

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Facts

P shipped cargoes to famine-stricken areas of Africa on behalf of the Agency for International Development (AID). The cargoes were shipped under various charter parties made expressly subject to COGSA on the M/V OVERSEAS HARRIETTE and the M/V OVERSEAS MARILYN, vessels owned by
Ds. Clean bills of lading were issued for each shipment after the cargo was stowed, indicating that the cargo was received by the carrier in good condition. the goods were not received in the same quantity or quality when discharged in Africa. Parts of the cargo were simply not received at all. Some parts were received in a damaged and unusable condition. The total amount of documented loss and damage to the cargo was $ 203,319.87. P filed the first of five lawsuits, seeking damages for the lost and damaged cargo under COGSA. The suits were consolidated. The district court entered judgment in favor of the United States for the limited sum of $ 7,300.08, the amount of damage that Ds admit occurred prior to discharge. P appealed. P claimed it established a prima facie case by producing clean bills of lading as proof that the carriers received the goods in an undamaged condition and survey reports showing that the goods were either missing upon discharge or were discharged in a damaged condition.