Families of Workers Killed in Baltimore Bridge Collapse File Suit Against Cargo Ship Owner

Baltimore, MD (WorkersCompensation.com) – On Friday, families of the six workers who were killed when the Francis Scott Key Bridge collapsed in March, filed suit against the owner and operator of the cargo ship that struck the bridge.

The lawsuits, filed by the families of Carlos Daniel Hernandez Estrella, Alejandro Hernandez Fuentes, Miguel Angel Luna, Dorlian Ronial Castillo Cabrera, Maynor Yasir Suazo Sandoval and Jose Mynor Lopez, place the responsibility for the crash on the owner of the cargo ship DALI, Grace Ocean Pte Ltd., and its operator, Synergy Marine Group. The families contend that the ship was plagued by mechanical issues and that the owners and operators were negligent.

Another lawsuit was filed against the company by Julio Cervantes Suarez, one of the survivors of the crash. Suarez was in his truck when the bridge collapsed, his lawsuit said.

In the early morning hours of March 26, DALI left the Port of Baltimore bound for Sri Lanka. While navigating through the Fort McHenry Channel, the vessel lost power and struck the bridge, causing it to collapse and fall into the Patapsco River below. The bridge collapse obstructed the channel, bringing shipping into and out of the port to a standstill for months. Officials said the loss of the bridge also severed critical highway connections and impacted a key artery for local commuters.

At the time, contractors were working on the bridge to repair potholes. Six contractors fell into the water and died. At least two others also fell into the water, but were rescued.

Darrell Wilson, a spokesman for the two companies, said that the lawsuit was anticipated due to a September deadline.

"We do look forward to our day in court to set the record straight," Wilson said in a statement.

The lawsuits were filed as part of a coordinated effort for the victims’ families, Craig Sico, an attorney representing one of the family’s said.

"It's our belief that the crew of the Dali could foresee this incident taking place," Sico told Reuters.

Also on Friday, Ace American Insurance filed a lawsuit against Grace Ocean and Synergy, seeking to recoup $350 million it claims it paid to the Maryland Transportation Authority after the bridge's collapse as part of a property insurance policy.

The suits are just a few of the claims filed against the companies.

Brawner Builders, the company that employed the workers who died in the collapse, also sued the Grace Ocean and Synergy on Sept. 18. The company is seeking an unspecified amount for the deaths of the workers, as well as for the loss of construction vehicles and equipment that was lost in the bridge collapse.

The U.S. Department of Justice also filed suit against the companies accusing them of willfully ignoring or mishandling mechanical problems on the DALI. The DOJ said the accident was caused by carelessness and gross negligence on the part of Grace Ocean and Synergy. THE DOJ’s lawsuit seeks at least $100 million that the government spent in responding to the disaster and clearing the wreck and bridge debris from the port so the waterway could reopen.

“The owner and operator of the DALI were well aware of vibration issues on the vessel that could cause a power outage. But instead of taking necessary precautions, they did the opposite,” Principal Deputy Associate Attorney General Benjamin C. Mizer said. “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.”

Since the bridge collapse, both Grace Ocean and Synergy have sought to absolve themselves from responsibility. Grace Ocean and Synergy filed a petition on April 1 in federal court to limit their liability from the crash to the present value of the ship and its cargo, which they estimate is just over $43 million.

Claimants have until Sept. 24 to come forward with additional lawsuits, officials said.

In August, U.S. Reps. John Garamendi (D-CA) and Hank Johnson (D-GA) introduced legislation that would require the owner and operator of DALI to pay much more for the damage done to the port, and to the families of the men who died.

The legislation, the “Justice for Victims of Foreign Vessel Accidents Act,” would increase the limit of liability for a foreign owned vessel to up to 10 times the dollar value of the vessel and its cargo, after some expenses, Garamendi said. In the case of the DALI, valued at around $90 million, the bill would increase liability to nearly $1 billion.

“If the foreign owners of the cargo vessel that took down the Francis Scott Key Bridge in Baltimore think they can leave American taxpayers holding the bag, I have a message for them: you broke it, you bought it,” Garamendi said. “Access to America’s ports and our consumers is a privilege, not a right. If the foreign owners of the Dalia want to keep that privilege, they can break out their checkbooks, call their insurance company, and pay their fair share of the bridge replacement costs and compensation to the families of the six workers who died tragically that day.”

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