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`Case 4:21-cv-00088-BSM Document 1 Filed 02/02/21 Page 1 of 6
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`u. f1ltm~RRT
`EASTERN DISTRICT ARKANSAS
`FEB O 2 2021
`
`f:'ESW. McCO~
`J./:2./ -,y-gg- SSM
`
`IN THE UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF ARKANSAS
`CENTRAL DMSION
`
`FARMERS GRAIN TERMINAL, INC.
`
`Case No.:
`
`Plaintiff,
`
`V.
`
`AMERICAN RIVER
`TRANSPORTATION CO., LLC, and
`ARCHER-DANIELS-MIDLAND(cid:173)
`COMPANY.
`
`Defendants.
`
`VERIFIED COMPLAINT FOR
`DAMAGES
`
`JURY DEMAND
`
`This case assigned to District Judge Mil kc
`and to Magistrate Judge ____.~ .... o,-;=_ l~p ... e ____ _
`
`VERIFIED COMPLAINT
`
`COMES NOW PLAINTIFF, Farmers Grain Terminal Inc. ("Farmers Grain"),through
`
`undersigned counsel, and for its Verified Complaint against Defendants, American River
`
`Transportation Co., LLC ("ARTCO") and Archer-Daniels-Midland-Company ("ADM")
`
`( collectively "Defendants"), and stating an admiralty and maritime claim within the meaning of
`
`Rule 9(h) of Federal Rules of Civil Procedure, respectfully represents upon information and
`
`belief as follows:
`
`I. JURISDICTION AND VENUE
`
`I. This is an admiralty and maritime claim within the meaning of Rule 9(h). Jurisdiction is
`
`based on 28 U.S.C. §1333 and 46 U.S.C. §30101. Venue is appropriate in this judicial
`
`district pursuant to 28 U.S.C. § 139l(b).
`
`- I -
`
`
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`•
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`Case 4:21-cv-00088-BSM Document 1 Filed 02/02/21 Page 1 of 6
`
`u. f1ltm~RRT
`EASTERN DISTRICT ARKANSAS
`FEB O 2 2021
`
`f:'ESW. McCO~
`J./:2./ -,y-gg- SSM
`
`IN THE UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF ARKANSAS
`CENTRAL DMSION
`
`FARMERS GRAIN TERMINAL, INC.
`
`Case No.:
`
`Plaintiff,
`
`V.
`
`AMERICAN RIVER
`TRANSPORTATION CO., LLC, and
`ARCHER-DANIELS-MIDLAND(cid:173)
`COMPANY.
`
`Defendants.
`
`VERIFIED COMPLAINT FOR
`DAMAGES
`
`JURY DEMAND
`
`This case assigned to District Judge Mil kc
`and to Magistrate Judge ____.~ .... o,-;=_ l~p ... e ____ _
`
`VERIFIED COMPLAINT
`
`COMES NOW PLAINTIFF, Farmers Grain Terminal Inc. ("Farmers Grain"),through
`
`undersigned counsel, and for its Verified Complaint against Defendants, American River
`
`Transportation Co., LLC ("ARTCO") and Archer-Daniels-Midland-Company ("ADM")
`
`( collectively "Defendants"), and stating an admiralty and maritime claim within the meaning of
`
`Rule 9(h) of Federal Rules of Civil Procedure, respectfully represents upon information and
`
`belief as follows:
`
`I. JURISDICTION AND VENUE
`
`I. This is an admiralty and maritime claim within the meaning of Rule 9(h). Jurisdiction is
`
`based on 28 U.S.C. §1333 and 46 U.S.C. §30101. Venue is appropriate in this judicial
`
`district pursuant to 28 U.S.C. § 139l(b).
`
`- I -
`
`
`
`Case 4:21-cv-00088-BSM Document 1 Filed 02/02/21 Page 2 of 6
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`II. PARTIES
`
`2. Farmers Grain is a Mississippi corporation, registered to do business in the State of
`
`Arkansas, and at all relevant times owned a grain loading facility and dock in Lake
`
`Village, Arkansas, on the Mississippi River near Mile 531 LMR ("the Facility").
`
`3. Upon information and belief, ARTCO, is foreign limited liability company or other
`
`business entity, duly organized and existing under the laws of Delaware with its principal
`
`place of business in Decatur, Illinois, that is the registered owner of MN Andrew C.
`
`MacMillan and Barge ART45133, and over which the Court has personal jurisdiction.
`
`4. Upon information and belief, ADM, is a foreign corporation or other business entity, duly
`
`organized and existing under the laws of Delaware with its principal place of business in
`
`Decatur, Illinois, wholly owns ARTCO as a subsidiary, and over which the Court has
`
`personal jurisdiction.
`
`IV. FACTUAL ALLEGATIONS
`
`5. At all relevant times ARTCO owned and operated an inland River towing vessel (a/k/a
`
`''towboat") named the MN Andrew C. Macmillan.
`
`6. At all relevant times here, ARTCO employed such vessel's crew, including her pilot.
`
`7. On or about February 16, 2019, the MN Andrew C. MacMillan (''the Andrew") was
`
`downriver bound on the lower Mississippi River towing (actually pushing) a tow of 35
`
`barges.
`
`8. As an incident to the Andrew/her tow's downriver voyage, her pilot was called upon to
`
`maneuver/navigate this vessel/tow in through lower Mississippi River.
`
`- 2 -
`
`
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`Case 4:21-cv-00088-BSM Document 1 Filed 02/02/21 Page 3 of 6
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`9. The Andrew's pilot was navigating far outside of the channel and in high water.
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`10. The Andrew's pilot was chargeable, as a matter oflaw, with navigating the Andrew/her
`
`tow towards/into/around and through the Mississippi River in high water, on a course/at a
`
`speed/in a manner that would allow such vessel to avoid predictable adverse effects on
`
`this flotilla's navigation course.
`
`11. This allision - between the Andrew/her tow - and components of Farmers Grain's
`
`loading facility occurred as the direct proximate result of the acts of negligence on the
`
`part of the Andrew's pilot, who at the time such pilot committed such negligent
`
`acts/omissions, was operating the Andrew within the scope of his employment by
`
`Defendants.
`
`12. A preswnption of fault/negligence that arises in Farmers Grain's favor, as a matter of
`
`settled maritime law, as a result of this allision - between a moving vessel/tow (the
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`Andrew/her tow) and a fixed structure (Farmers Grain's grain loading/unloading facility)
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`- which further supports a finding of liability in Farmers Grain's favor against these
`
`Defendants.
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`13. This preswnption of fault/negligence, without more and standing alone, if not rebutted,
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`compels a finding of fault/negligence on the part of this pilot - and authorizes this Court
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`to enter judgment against these defendants-in Farmers Grain's favor.
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`V. CAUSES OF ACTION
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`14. Upon information and belief, Farmers Grain alleges that Defendants were specifically
`
`negligent, and M/V Andrew C. MacMillan and Barge ART45133, were unseaworthy in
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`- 3 -
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`
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`Case 4:21-cv-00088-BSM Document 1 Filed 02/02/21 Page 4 of 6
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`the following respects, among others, that will be more fully shown at the trial of this
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`matter:
`
`a)
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`MN Andrew C. MacMillan was not manned with a competent, properly trained
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`crew;
`
`b)
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`Those aboard MN Andrew C. MacMillan failed to take proper action to avoid an
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`allision between Barge ART45133 as well as other barges and the Facility;
`
`c)
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`Those aboard MN Andrew C. MacMillan failed to maintain proper lookout and
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`failed to navigate the vessel and barges in a safe and reasonable manner;
`
`d)
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`MN Andrew C. MacMillan was underpowered and/or her engines, equipment,
`
`and machinery were deficient or improperly maintained;
`
`e)
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`MN Andrew C. MacMillan and her crew violated statutes and regulations which
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`were intended to promote safe navigation and avoid incidents such as this allision.
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`f)
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`Any other acts of negligence, fault, or lack of due care, whether presumed or
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`otherwise, to be proven at trial.
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`15. The negligence of Defendants and the unseaworthiness of MN Andrew C. MacMillan
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`and Barge ART45133, were, in whole or in part, the cause and proximate cause of the
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`damage to the Facility.
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`16. The aforesaid allision and resulting damages to the Facility were not caused or
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`contributed to by any fault or neglect on the part of Farmers Grain.
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`-4-
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`Case 4:21-cv-00088-BSM Document 1 Filed 02/02/21 Page 5 of 6
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`17. As a result of the aforesaid allision, Farmers Grain has suffered and will suffer extensive
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`damages as a result of the incident, as well as increased expenses in its efforts to mitigate
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`those damages, including repair costs, survey expenses, contractor expenses, vessel
`
`expenses, employee expenses, business interruption, and other damages. Defendants are
`
`indebted to Farmers Grain for the full principal amount in excess of $1,000,000, or such
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`amount as will be proven at trial, plus pre- and post-judgment interest, attorney's fees,
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`and costs.
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`18. Under United States federal maritime law, Farmers Grain has a maritime lien on the
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`MN Andrew C. MacMillan and Barge ART45133, that was impressed upon her at the
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`time of the allision for the entire amount owed to Plaintiff in excess of $1,000,000, or
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`such amount as will be proven at trial, plus pre- and post-judgment interest, attorney's
`
`fees, and costs.
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`19. All and singular, the foregoing is true and correct and within the admiralty and
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`maritime jurisdiction of this Honorable Court.
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`20. Plaintiff reserves the right to supplement and amend this Verified Complaint as necessary
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`and appropriate through the discovery of additional information relevant hereto.
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`VI. PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff Farmers Grain Terminal, Inc., respectfully prays as follows:
`
`A.
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`That after further proceedings be had, judgment be entered herein in favor of the
`
`Plaintiff and against Defendants, American River Transport Co., LLC and
`
`Archer-Daniels-Midland-Company, in the amounts to be proven at trial, plus
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`- 5 -
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`
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`Case 4:21-cv-00088-BSM Document 1 Filed 02/02/21 Page 6 of 6
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`accrued interest, attorney's fees, costs, fees and all such other sums to which
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`Plaintiff is entitled;
`
`B.
`
`For all such other and further relief that justice and the nature of this case will
`
`allow.
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`Plaintiff requests a jury trial as to all claims of the complaint so triable.
`
`Dated: February 2, 2021
`
`-6-
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`
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