Ship owner in Baltimore bridge collapse tries to blame others as liability case takes shape

BALTIMORE – As an extended liability case takes shape in the wake fatal collapse of the Francis Scott Key Bridge in Baltimore in March, the owner and manager of the container ship Dali is trying to deflect responsibility and shift the blame.

Lawyers for Singapore-based Grace Ocean Private Limited and Synergy Marine Group argued in court Tuesday that Maryland state officials should have done a better job of protecting the bridge from ship strikes. They also raised questions about whether the shipbuilder installed faulty electrical equipment that caused the Dali to lose power as it approached the bridge.

Meanwhile, lawyers for dozens of plaintiffs seeking damages argued that the immediate focus should remain on where the two companies dropped the ball.

“It’s not an offensive tool,” said attorney David Reisman, who represents the state of Maryland. He argued that the court should not consider such allegations from companies early in the litigation process.

The plaintiffs include the families of six construction workers killed in the collapse, as well as state and local governments, businesses, liquidators and more. They accused Grace Ocean and Synergy of failing to properly maintain the Dali, ignoring long-standing problems with its electrical system and knowingly sending an unfit vessel into Maryland waters.

Shortly after the March 26 collapse, the companies filed a petition in federal court in Baltimore seeking to limit their liability. Since then, nearly 50 other entities have filed claims in the case.

At a scheduling conference Tuesday, Judge James Bredar questioned lawyers on both sides in an effort to “bring structure to this sprawling and unusual matter,” which could become the most expensive maritime accident case in history.

Bredar said the ultimate goal is to deliver the case “to the launch pad for resolution.” But that could take years. He said a future order will address the first phase of the case, including a timeline and a determination of proper scope — whether it’s focused on the limits or considers broader questions such as third-party liability.

William Bennett, an attorney for Grace Ocean, argued that the court should consider assigning “significant responsibility and blame” to state officials, among others. He cited “decades of records” showing the state of Maryland failed to properly protect the bridge, which was built in the 1970s with minimal pier protection.

The courtroom gallery was packed with lawyers involved in the case. The discovery process will likely include dozens of hourly depositions over the next several months, culminating in a bench trial.

It is possible that some of the federal claims may be settled in the meantime. Just last week, Grace Ocean and Synergy agreed to pay more than $102 million in cleanup costs to settle a lawsuit brought by the US Department of Justice. That payment will reimburse the federal government for money spent cleaning up massive amounts of debris from the Port of Baltimore’s main shipping channel, which remained closed for months after the collapse.

After announcing the settlement, a Grace Ocean spokesman said it was not an admission of liability or wrongdoing.

The Justice Department’s claim, which has since been dismissed, provided the most detailed account yet of the cascading series of failures that left Dali’s pilots and crew helpless in the face of looming disaster. The complaint pointed to “excessive vibration” on the ship, which lawyers called “a well-known cause of transformer and electrical failure.” Instead of dealing with the source of the vibrations, the crew members “manipulated” the ship, the complaint alleges.

FBI agents boarded the ship in April amid a criminal investigation in the circumstances leading to the crash.

Dali was leaving Baltimore en route to Sri Lanka when it lost power and veered off course, hitting the bridge. Six members of a roadworks crew died. A last-minute call from the ship’s pilots allowed police to stop traffic to the bridge, but they were unable to alert the workers.

The collapse snarled commercial traffic through the Port of Baltimore, long commute times for local drivers and temporarily put many peasants out of work. Trucking companies and other businesses that have relied on the bridge anticipate long-term impacts, according to court filings.

The federal case will likely be followed by additional lawsuits in Maryland state courts.