## Facts

- Lone Star Industries, Inc., a cement manufacturer, used self-unloading, closed-hopper “1500 series” barges to ship cement on the Mississippi River.
- Mays Towing Co. provided towage services for Lone Star’s barges between Cape Girardeau, Missouri, and Memphis, Tennessee under a longstanding towing relationship.
- Mays towed three barges, including barge LS-1501, to Memphis; upon delivery the barges were coated with snow and ice.
- Because of the snow and ice, Lone Star’s employee supervising unloading could not complete normal pre-unloading inspections, including inspection of the stern compartments.
- Unloading proceeded from the bow toward the stern; as unloading progressed the stern settled lower in the water, but Lone Star’s supervisor did not realize the barge was taking on water.
- Water entered through a crack in the stern hull that was not apparent during unloading; the crack was found to have formed during the tow, apparently from contact with another vessel.
- LS-1501 sank at the Memphis facility, causing loss of the remaining cement cargo.
- Lone Star sued Mays in admiralty for negligent towing causing hull damage and the sinking.

## Issues

1. Whether res ipsa loquitur may be applied in admiralty negligence actions, including towage disputes, to permit an inference of negligence from a barge’s sinking.
2. Whether the evidence supported findings that Mays negligently towed the barge and caused the hull crack leading to the sinking.
3. Whether Lone Star was comparatively negligent in unloading and inspection practices, and whether fault and damages were properly apportioned.

## Decision

- The Eighth Circuit largely affirmed the district court’s judgment after a bench trial.
- The court recognized that res ipsa loquitur is available in admiralty negligence cases and may support an inference of negligence from an unexplained maritime accident under appropriate conditions.
- The court upheld the finding that Mays’s negligent towage caused the hull damage that contributed to the sinking.
- The court upheld the finding that Lone Star’s failures to conduct normal inspections and to adequately staff unloading in the weather conditions contributed to the loss.
- The court affirmed application of maritime comparative fault to reduce Lone Star’s recovery in proportion to its responsibility (with any minor adjustments reflected in the appellate judgment).

## Legal Principles

- Res ipsa loquitur applies in admiralty negligence actions, including towage cases, and permits an inference of negligence when (1) the event ordinarily does not occur absent negligence, (2) the instrumentality was within the defendant’s control when the likely causal event occurred, and (3) the plaintiff did not cause the occurrence.
- In admiralty, negligence and causation may be proved by circumstantial evidence; a factfinder may draw reasonable inferences from the nature and timing of maritime damage.
- Appellate review of fact findings after a bench trial is for clear error; credibility and weighing of evidence are primarily for the trial court.
- Maritime comparative fault permits allocation of responsibility between a tower and a barge/cargo owner when both negligent towage and the owner’s inspection or unloading practices contribute to the loss.

## Conclusion

The Eighth Circuit affirmed liability based on negligent towage and comparative negligence, and held that res ipsa loquitur is a permissible evidentiary doctrine in admiralty to infer negligence from a barge sinking where the circumstances support such an inference.


Lone Star Indus., Inc. v. Mays Towing Co., 927 F.2d 1453 (8th Cir. 1991)