In re: Delta Towing L L C, No. 6:2008cv00075 - Document 73 (W.D. La. 2011)

Court Description: RULING After due consideration of the facts and evidence, presented by the parties at the trial of this matter through witnesses, exhibits and deposition testimony, and having had the opportunity to assess the demeanor of the witnesses, and review an d weigh the evidence, this Court hereby finds and holds that it was established by a preponderance of the evidence that plaintiff in limitation, Delta Towing L.L.C ("Delta"), is entitled to limitation of liability, and within that context, Delta is liable unto claimant, Basic Energy Service4s ("Basic"), in the full amount recoverable within the limitation proceeding, together with prejudgment interest from January 3, 2008 until paid, at the current rate provided for in 28 U.S .C. Section 1961, due to Delta's negligence and the resulting damages to Basic's property. In light of the foregoing, Basic is awarded $866,494.00 (the maximum liability available), plus prejudgment interest from the date of loss, Janu ary 3, 2008, at the rate current established by 28 U.S.C. Section 1961. The parties are hereby ORDERED to submit a final judgment, approved as to form, within fifteen (15) days of receipt of this Ruling. Signed by Judge Rebecca F Doherty on 01/12/11. (crt,Guidry, C)