RESTITUTIO IN INTEGRUM ALIVE AND WELL: FEDERAL JUDGE GRANTS SUMMARY JUDGMENT IN FAVOR OF COX P.L.L.C.’S CLIENTS

(Galveston, Texas) – A federal district court judge in the Southern District of Texas, Galveston Division, granted summary judgment in favor of Cox P.L.L.C.’s clients involving a collision between a sailboat and yacht in Galveston Bay. The sole issue in the case was whether the owner of the sailboat could recover, on top of the cost of repairs, damages for the vessel’s diminution in value. Tracy Freeman, Cox’s Houston office managing partner, argued the sailboat owner could not recover such damages. The sailboat owner’s request for diminution in value damages, Freeman argued, was subject to, and limited by, the maritime maxim of restitutio in integrum, the longstanding doctrine that recoverable damages from a vessel collision are limited to the cost of necessary repairs.  Opposing counsel argued that restitutio in integrum was not crystal clear and applying it to a pleasure boat would lead to an inequitable result. The federal judge disagreed. In granting Cox P.L.L.C.s clients’ motion for summary judgment, the federal court recognized that restitutio in integrum, a maxim that goes back to 1882 in the United Supreme Court opinion, The Potomac, remains alive and well today in the Fifth Circuit. The Court noted in its order that a final judgment in favor of our clients will issue separately. If you have any maritime matters, whether pre-litigation or cases in federal or state court, Cox P.L.L.C. will advocate for you. Feel free to reach out to Mr. Freeman at tfreeman@coxpllc.com.