1. BARGES OVER THE DAM THE STORY OF A COLLISION THAT LED TO A CLASS ACTION

2. Ohio River

3. Length: 981 Miles Approximately 20 Lock and Dam Complexes are present on the Ohio River

4. Belleville Lock and Dam Structure

10. Coal Barge Wrapped Around Pier

11. Barges Obstructing Gates

14. RESULTING LITIGATION Class Actions Limitation Filed by Tower in West Virginia Impact of Limitation on Class Actions Suit Against Captain in State Court

15. Class Actions Two Separate Class Actions filed in West Virginia Federal Court Claims by Ohio and West Virginia residents and businesses Against Tower

16. Limitation Filed by Tower in West Virginia Limitation Issues –Limitation Act –Shipowner’s Liability –Limitation Fund –Benefits of Limitation, Stay, Monition and Concursus –Privity or Knowledge

17. Impact of Limitation on Class Actions Supersedes Class Action Procedures Requires that all Claims be filed

18. Suit Against Captain in State Court Does Stay in Limitation apply to Captain?

19. Liability Tower United States (Operator of Lock and Dam)

20. Liability of Tower Leaving lock under dangerous conditions Failing to request that lock operators remove drift Not backing down far enough to obtain enough momentum when entering current Size of tow Horsepower of vessel

21. Liability of U.S. Failure to maintain Lock Failure to clear drift Failure to warn Captain

22. Damages Cost of Salvage and Loss of Cargo Physical Damage/Subsidence

23. M/V James R. Moorehead Tied Off to Cell Above the Lock with Normal Waterline Clearly Visible

24. Settlement by Tower of Claims Claims exceeded $30 Million All known Claims settled at and following mediation for approximately $12 Million Tower reserved rights to pursue Recovery Claim against U.S.

25. Late Claim by Ohio Department of Transportation (ODOT) Monition Date 15 June 2005 Entry of Default 20 March 2006 Mediation November 2006 ODOT Motion to File Late Claim July 2007 Motion Denied Now on Appeal

26. Suit by ODOT against Captain in State Court Filed in Ohio State Court in August 2007

27. References Photographs of Belleville Lock and Dam Complex copyright C.R. Neale III Map of Ohio River Dams obtained from Ohio Department of Natural Resources Website