By judgment published on Friday, the Court of Appeal of the
Second Circuit of the United States confirmed responsibility
of the British Stolt-Nielsen, specialized in the logistics of
liquid cargoes, and the American manufacturer of chemicals
Deltech Corporation for the explosion and subsequent fire
flared up in June 2012 on board the
container ship MSC
Flaminia who was sailing in the Atlantic, left from the port
American of New Orleasn and directed to the Belgian one of Antwerp.
The explosion, which occurred on the fourteenth day of navigation and
produced from divinylbenzene produced by Deltech and transported in
three container tankers, had caused the death and injury of
several crew members as well as damage to the ship and
loads on board.
55% of the responsibility is shared with the
Deltech and 45% to Stolt. The latter manifested
disappointment at the decision of the Court of Appeal which confirmed
the first instance judgment of 2018 and announced that it is evaluating
the possibility of appeal.
The Court confirmed that it was not liable for
the accident of the Mediterranean Shipping Company (MSC),
who had chartered the ship, of the Conti 11 Container
Schiffahrts-GMBH, owner of the container ship, and NSB
Niederelbe Schiffahrtsgesellschaft MBH, operator operating the
ship, nor of Chemtura Corp., owner and shipper of the
divinylbenzene, of BDP International, which on behalf of Stolt
had prepared the boarding documents of the three containers, and of the New
Orleans Terminal, the terminal company where a
trucks had transported the containers on behalf of Stolt.