Cargill, Inc. v. Taylor Towing Service Inc‪.‬

Cargill, Inc. (hereinafter appellant) appeals from a judgment of the District Court for the Eastern District of Missouri1 denying recovery for lost profits and prejudgment interest on damages arising from an accident caused by Taylor Towing Service, Inc. (hereinafter appellee) that destroyed appellant's river docking and loading facility. Following a bench trial, the district court awarded damages but denied appellant's claims for (1) lost profits resulting from the temporary shutdown of its facility and (2) prejudgment interest on the sum awarded.2 For reversal appellant argues that the findings of fact made by the district court with respect to the lost profits and prejudgment interest claims were clearly erroneous. For the reasons discussed below, we affirm in part and reverse and remand in part. Appellant, a Delaware corporation doing business in the state of Missouri, is the owner of a grain docking and loading facility located alongside the western bank of the Mississippi River. Appellee, at the commencement of this action, was a Missouri corporation that owned and operated towboats and other ships that sailed along the Mississippi.