Pt. Jawamanis Rafinasi v. Coastal Cargo Company, Inc., 2:09-cv-07490

Boiler damaged during handling for overseas transport from B&W to Coastal and then to Rickmers; Coastal stevedoring at New Orleans was responsible for unloading/transport to vessel; Rickmers-Linie contract and Himalaya clause potentially extending COGSA limits; boiler had no CG, lifting, or securing markings and off-center gravity evident; Coastal turned Mafi during loading, causing boiler to topple; pre-loading meeting occurred but Coastal supervisor allegedly did not relay critical handling instructions; court resolved two issues: COGSA applicability and B&W negligence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does COGSA apply to Plaintiffs' claims against Coastal?	Rafinasi/Rafinasi seeks COGSA limits via Himalaya clause.	Coastal argues COGSA applies through the Rickmers contract and carrier status; but agency status contested.	COGSA does not apply to Coastal.
Is B&W negligent for damage to the Boiler?	B&W provided inadequate markings/instructions for handling.	Coastal's handling negligence solely caused the damage; B&W not liable.	B&W not liable; Coastal liable for negligence.

Norfolk Southern Corp. v. Kirby, 543 U.S. 14 (U.S. 2004) (COGSA and Himalaya clause considerations for liability extensions)
Am. Roll-On Roll-Off Carrier, LLC v. P & O Ports Baltimore, Inc., 479 F.3d 288 (4th Cir. 2007) (Himalaya clauses extend carrier defenses to downstream parties)
Servicios-Expoarma, C.A. v. Indus. Mar. Carriers, Inc., 135 F.3d 984 (5th Cir. 1998) (burden to prove applicability of COGSA package limitation)
Coury v. Moss, 529 F.3d 579 (5th Cir. 2008) (Louisiana substantive law; duty-risk analysis in negligence)
Toston v. Pardon, 874 So.2d 791 (La. 2004) (La. causation standards for fault-based liability)
Laiton v. ???, Unpublished placeholder (Unknown) ((included to illustrate citation style; not used if not in text))