Archive for February 21st, 2008

Why didn’t the largest barge fleet in the US have a written plan?

February 21, 2008

Opinion issued 18 July 2007

Ingram is the largest…barge fleet in the United States. Testimony of David Sehrt. – page 13

http://72.14.205.104/search?q=cache:4Ryuh_XrAd0J:www.bargecase.com/updates/702%255B1%255D%255B1%255D.Phase%2520I%2520Judgment.pdf+louisiana+parish,+zito+fleet&hl=en&ct=clnk&cd=10&gl=us&client=firefox-a

http://www.bargecase.com/updates/702%5B1%5D%5B1%5D.Phase%20I%20Judgment.pdf

Also, Ingram’s Senior Vice President Chief Operations Officer, David Sehrt (“Sehrt”), testified that Ingram did not have a written hurricane plan and that he knew about the allegedly applicable USCG and statutory rules and regulations[8].

See Levees Lawsuits excerpted below

Barge that Katrina heaved is trials focus – this link no longer operating

Residents blame Nashville company for destroyed homes

06/05/2007

NEW ORLEANS — An eye-popping symbol of Hurricane Katrina’s destructive fury in New Orleans — a barge that landed on several homes in the city’s Lower 9th Ward — is at the center of a trial that started Monday in federal court.

The empty barge, nearly 200 feet long and weighing 705 gross tons, broke free of its moorings during the Aug. 29, 2005, hurricane and wound up on the other side of a levee breach on the east side of the Industrial Canal.

The barge’s rusted wreckage is gone, but a thorny legal dispute lingers: Was it an act of God or corporate negligence that sent the barge crashing into the neighborhood?

Lawyers for a group of Lower 9th Ward residents blame the barge’s owner, Ingram Barge Co. of Nashville, for the destruction. The company, meanwhile, is seeking to limit its liability for any damage that its barge may have caused.

Case divided into phases

U.S. District Judge Helen Berrigan, who is presiding over the barge litigation, has divided the case into phases. A trial started Monday for the first phase, which focuses on a narrow legal question: Did Ingram’s management have any “knowledge or privity” of alleged acts of negligence that could have caused damage from the barge?

David Sehrt, senior vice president and chief operations office for Ingram, testified Monday that the company wasn’t responsible for properly mooring the barge.

“If barges are in the care of customers, it is their responsibility to make sure they are safely moored,” he said.

Barge had been unloaded

In this case, Zito Fleeting delivered the barge to a marine terminal in New Orleans operated by Lafarge North America. Lafarge workers finished unloading cement from the barge early on Aug. 27, 2005 — two days before Katrina hit — and then moored it against a dock next to another barge.

Edward Busch, who was Lafarge’s assistant terminal manager, said he left a message with Zito that the barge was ready to be picked up.

“That was it,” he said. “Business as usual.”

Busch also called a towing company and asked for the barge to be shifted so that it was in a safer position on the dock. However, Busch said he couldn’t ask for the barge to be moved out of the terminal.

Busch said a man, later identified as an Ingram employee, visited the terminal before Katrina hit to inspect the company’s barges.

“I do not know what he did,” Busch recalled.

A key issue in the case is whether the barge is to blame for the levee breach or whether it floated through an existing gap. Ingram attorney Don Haycraft said several teams of experts have concluded that the barge wasn’t responsible for the levee failure.

Ingram argues its liability shouldn’t exceed its stake in the barge after it ran aground, estimated at about $17,000.

“This is similar to the White Star Line trying to limit its value to the lifeboats after the Titanic sank,” said Brian Gilbert, a lawyer for 3,000 residents affected by the breach.

What is discrimination of marital status according to FEMA?

February 21, 2008

The IHP Program discriminates against applicants who are divorced and who have evacuated to live with “family.” Family is defined by FEMA. Estrangement and divorce prior to the disaster play no role in this law. It makes no sense. Because FEMA declares and defines “family” . . . its actions are discriminatory.

I thought this was America.

The IHP Program and FEMA determine the definition of “family” where this definition excludes the applicant.

I’m out of words.

Section 218 –
Amends the Stafford Act to prohibit the President from denying housing assistance to a displaced individual or household because a member of the predisaster household has already received assistance if such individual or household: (1) has evacuated the predisaster residence and resides in a different location than such member of the predisaster household; (2) is a victim of domestic violence and resides in a different residence than such member of the predisaster household; or (3) has other good cause for maintaining a separate household.
Provides that temporary housing assistance may include the payment of utilities, excluding telephone service, and that security deposits may be taken into consideration in determining the amount of assistance. Directs the President to provide assistance in an amount up to 120% of fair market rent plus specified costs if the President determines that, as a result of rental market changes caused by the major disaster and its consequences, the fair market rent does not accurately reflect the reasonable cost of rental units available. Permits the President to provide assistance over that percentage in extraordinary circumstances.
Directs the President to issue public guidance in simple terms explaining the types of housing assistance available under the Stafford Act to individuals and households affected by a major disaster, eligibility requirements, application procedures, relevant local conditions, and modifications of previous policies or procedures.

What is wrong with using the N word?

February 21, 2008

FEMA moving policy attacked.My head spins around.  My heart races.  My thoughts focus.  A former New Orleans resident used the word just yesterday, according to The Advocate.  “There’s no sense of community. We want to go back to our normal way of living before Katrina.” There is nothing like having normalcy ripped out of your heart, life and mind in a hurricane.  you’ve lost everything else . . .  so what’s left?  Not normal.  Normal exited stage left.

NBC broadcasters produced a story on dirty coffee cups and Shreveport dirty cops, but didn’t really focus on the dirty little secret at Renaissance Village. After two and one half years, nearly exactly to the day, Americans get shuffled into hotel rooms… again.  That’s normal?  Yup.

No one really understands what the N word has become or what the N word really means.  So read it again to get the full feeling for it. An NBC “jackass salute” for posting Shreveport dirty cop video instead of what America doesn’t want to hear more about.

My Post From June 27, 2007 ~

“Normal” is So Yesterday – Finally, recognition of FACTS indicates the rest of America wears those blinders you see on jackass’s.

Normal is not snow.
Normal is not below 80*.
Normal is not rain that sprinkles daily.
Normal is not my pillow.
Normal is not underfoot.
Normal is not my yard.
Normal is not my flower bed.
Normal is not my grocery store.
Normal is not mine anymore.
Kiss my a** normal.
Normal is not the National Guard parked outside.
Normal is not the crime rate.
Normal is not living here.
Normal is not at home.
Normal does not live here.
Normal is not my school.
Normal is not my school board.
Normal is not my new friends.
Normal is not my neighbor.
Kiss my a** normal.
Normal is not the formaldehyde level.
Normal is not my shoes.
Normal is not my furniture.
Normal is not my memory.
Normal is not the trees.
Normal is not the bus.
Normal is not the radio stations.
Normal is not the latitude or longitude or wind speed.
Normal is not Katrina.
Normal is not the Road Home.
Kiss my a** normal.
Normal is not my local Government.
Normal is not my Federal Government.
Normal is not my levee.
Normal is not my canal.
Normal is not my city.
Normal is corrupt.
Normal is self rightious.
Normal is proud.
Normal is a sense of humor.
Normal is not laughing.