Families of immigrant construction workers killed when Baltimore’s Francis Scott Key Bridge collapsed after it was hit by the cargo ship Dali plan to challenge the attempt by the ship owner and operator to limit their liability for the tragedy.
The workers’ survivors have joined with , a working class community, human services and immigrant support organization, and will be represented in court by the Washington, D.C.-based law firm Gupta Wessler LLP. The lawyers are expected to file the lawsuit in U.S. District Court in Baltimore by a September 24 deadline.
The families announced their intention to sue Wednesday, the same day that the US Justice Department filed suit against Grace Ocean, owner of the Dali ship, and Synergy Marine, the ship’s operator. The US is seeking more than $100 million to cover the costs to remove the ship, clear debris and restore marine operations after the destruction of the bridge halted operations at the Port of Baltimore.
The families suing include those of Miguel Angel Luna Gonzalez, Jose Mynor Lopez and Dorlian Ronial Castillo Cabrera, who were three of the six workers of a predominantly Latin American immigrant work crew killed in the March 26 crash.
“What should have been a normal day at work turned into a devastating event because the ship’s owner, Grace Ocean Private, failed to do its job in ensuring that the ship was safe and ready to leave port, not least because the ship had lost power multiple times before even leaving port. Our forthcoming filing will lay out the negligence and culpability of Grace Ocean Private for the loss of these young men,” said attorney Matthew Wessler, principal at Gupta Wessler LLP and counsel for the plaintiffs, in a statement at a press conference announcing the families’ plan to sue.
“I don’t want any wife to lose her husband the way I did. I don’t want any child to be left without their father because of a tragedy that could have been prevented,” said Carmen, the wife of Miguel Angel Luna Gonzalez, at the press conference.
Dali lost electrical power and propulsion as it was departing Baltimore Harbor, causing it to collide with a pier supporting the Key Bridge. The Dali had experienced blackouts the day before yet the ship was cleared to leave the harbor.
Grace Ocean and Synergy Marine have petitioned the court to limit their legal liability for the disaster to about $43.7 million, citing maritime law that in some cases caps liability of ship owners if they were not aware that the vessel causing the loss was in unseaworthy condition.
Grace Ocean and Synergy claim that the collapse of the bridge was “not due to any fault, neglect, or want of care” on their part and thus they should not be held liable for the tragedy. They also argue alternatively that if they are held liable, under the maritime law their liability should be limited to no more than the current value of the ship and its cargo after the crash, or $43.7 million. Before the crash, the value of the ship was about $90 million.
However, the parties suing over the tragedy maintain the ship owner and operator are at fault.
The Justice Department argues that “out of negligence, mismanagement, and, at times, a desire to cut costs, they configured the ship’s electrical and mechanical systems in a way that prevented those systems from being able to quickly restore propulsion and steering after a power outage. As a result, when the Dali lost power, a cascading set of failures led to disaster.”
The US lawsuit specifically asserts that none of the four means that should have been available to help steer the Dali — the propeller, rudder, anchor, or bow thruster — worked when they were needed to avert or even mitigate this disaster.
The families and federal government are not alone in challenging the cargo ship owner’s bid for limited liability.
The city of Baltimore has also gone to court. “In no way should their liability be limited,” argue the Baltimore mayor and City Council in a court document charging the Dali owner and operator with “gross and potentially criminal negligence” for allegedly putting a “clearly unseaworthy vessel into the water.” The bridge’s collapse killed six individuals, destroyed Baltimore property, interrupted traffic routes, and brought the region’s primary economic engine to a halt, the city asserts.
In addition, a small publishing business owner has filed a class action on behalf of businesses affected by the port closure.
Neither the city nor the small business owners have specified the amounts of damages they are seeking.
A criminal probe of the crash is underway by the Federal Bureau of Investigation.
The National Transportation Safety Board, which issued a preliminary report, is conducting a deeper investigation.
Photo: The collapsed Francis Scott Key Bridge lay on top of the container ship Dali, Monday, April 15, 2024, in Baltimore. The FBI confirmed that agents were aboard the Dali conducting court-authorized law enforcement activity. (AP Photo/Julia Nikhinson)
Topics Lawsuits Construction
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