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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies


ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit or contact the clerk of the relevant court.

Case Number: 
10-30886 Search Pacer
Opposing Party: 
Stephen Gabarick
Court Type: 
Date Filed: 
Sep 17 2010


5.On July 23, 2008, at approximately 1:30 a.m., the MA/ TINTOMARA, a 600-foot tanker which was carrying styrene and biodiesel fuel, was headed down river at the Mile Marker 97 of the Mississippi River near the Crescent City Connection, when it collided with the BARGE DM932, which was in tow of the MA/ MEL OLIVER. The BARGE DM932 was carrying 9,938 barrels, or approximately 500,000 gallons, of No. 6 Heavy Fuel Oil, which it had loaded at the John W. Stone Oil Distributor in Gretna, Louisiana.

6. At the time of the collision, the MA/ TINTOMARA was under the command of a pilot employed by NOBRA-Pilots.

7. The MA/ MEL OLIVER was under the command of an operator who only had an apprentice mate's license. No one aboard had a master's license, which is required to operate the tug on the river.

8. As a result of the collision, the BARGE DM932 split in two, releasing all of its cargo consisting of approximately 500,000 gallons of No. 6 Heavy Fuel Oil.

9.The No. 6 Heavy Fuel Oil released during the collision is unrefined, tar-like oil, and is so thick that it would not simply evaporate off of the surface. As a result, the oil has caused serious and dangerous environmental contamination of the Mississippi River and its shorelines, threatening sensitive wetlands as it drifts down river.

10. The released oil has been spotted as far down river as Mile Marker 60, around Point-A-La-Hache and a 80-mile stretch of the Mississippi River has been closed to navigation.

11. As a result of the prevailing winds, toxic gases from the oil have spread from the site of the collision to the French Quarter and to the Uptown Area of New Orleans, to which Plaintiffs and the Class Members have been exposed.

12. The oil spill and the contamination have caused and will continue to cause loss of revenue to persons (and businesses) who are being prevented from using the Mississippi River.

13. The water intakes for Algiers, Gretna, St. Bernard Parish, and Plaquemines Parish have been closed to prevent contamination of the drinking water supply for those communities, and residents have been asked to conserve water.

14. There are many other potential affects from the oil spill that have not yet become known, and Plaintiffs reserve the right to amend this Complaint once additional information becomes available."

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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