Federal judge sides with KYTC on jurisdiction for lawsuit involv - Tri-State News, Weather & Sports

Federal judge sides with KYTC on jurisdiction for lawsuit involving Eggner's Ferry Bridge hit


A federal judge said Friday that a lawsuit against employees of Foss Maritime Co. should be heard in a state circuit court.

Foss is the owner of ship that damaged the Eggner's Ferry Bridge in January 2012. KYTC said Foss sought to avoid a jury trial

The Kentucky Transportation Cabinet (KYTC) has sued seven current or former employees for their part in the crash of the Delta Mariner.

An entire span of the bridge was demolished and had to be replaced. KYTC says they are seeking to recover more than $7 million in damages on behalf of Kentucky taxpayers.

The cabinet filed the lawsuit in Marshall Circuit Court and requested a jury trial.

However, Foss Maritime got the case removed to U.S. District Court and consolidated with its own “limitation of liability” action, according to a news release.

In a ruling on Friday, U.S. District Judge Thomas B. Russell noted the cabinet’s desire for a jury trial.

“Were this case to be removed pursuant to the Court’s original admiralty jurisdiction, however, no such trial would be available: admiralty cases do not carry with them the right to a jury trial,” the judge’s ruling said.

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