US Department of Justice files US$100m lawsuit against MV Dali owner and operator

The US Department of Justice (USDOJ) has filed a US$100m civil claim in the US District Court for the District of Maryland against Grace Ocean Private Ltd and Synergy Marine Private Ltd, the owner and operator of the MV Dali container ship that destroyed the Francis Scott Key Bridge. 

The lawsuit seeks to recover the costs that the US incurred in responding to the disaster and for clearing the wreck and bridge debris from the navigable channel so the port could reopen. 

On March 26, the vessel left the Port of Baltimore for Sri Lanka and lost power twice while navigating through the Fort McHenry Channel before colliding into the bridge, which collapsed and resulted in the deaths of six people. 

The wreckage of the MV Dali and remnants of the bridge obstructed the channel and brought all shipping into and out of the Port of Baltimore to a standstill. 

Additionally, the loss of the bridge severed a critical highway in the transportation infrastructure and a key artery for local commuters. 

Merrick Garland, US attorney general, said: “The Justice Department is committed to ensuring accountability for those responsible for the destruction of the Francis Scott Key Bridge, which resulted in the tragic deaths of six people and disrupted our country’s transportation and defense infrastructure. 

“With this civil claim, the Justice Department is working to ensure that the costs of clearing the channel and reopening the Port of Baltimore are borne by the companies that caused the crash, not by the American taxpayer.” 

The US led the response efforts of dozens of federal, state and local agencies to remove about 50,000 tonnes of steel, concrete and asphalt from the channel and the ship itself. 

While the removal operations were underway, the claim alleges that the US also cleared a series of temporary channels to start relieving the bottleneck at the port and mitigate some of the economic devastation caused by the MV Dali. 

The Fort McHenry Channel was cleared by June 10 and the Port of Baltimore was reopened for commercial navigation. 

Benjamin Mizer, US principal deputy associate attorney general, said: “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. 

“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.” 

He added: “As a result, when the Dali lost power, a cascading set of failure led to disaster.” 

The lawsuit 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 mitigate the disaster. 

Brian Boynton, head of the USDOJ’s civil division and principal deputy assistant attorney general, said: “This was an entirely avoidable catastrophe, resulting from a series of eminently foreseeable errors made by the owner and operator of the Dali. 

“The suit seeks to recover the costs incurred by the US in responding to this disaster, which include removing the bridge parts from the channel and those parts that were entangled with the vessel, as well as abating the substantial risk of oil pollution.” 

The USDOJ’s claim seeks punitive damages to deter the owner and operator of the Dali and others and is part of a legal action that Grace Ocean and Synergy Marine initiated shortly after the incident, in which they seek exoneration or limitation of their liability to approximately US$44m. 

Laura Dickey, deputy for operations capability and policy of the US Coast Guard, said: “Wholly preventable failures by the owner and operator of the Dali caused this tragic incident that cost six bridge construction workers their lives and closed one of the largest ports on the East Coast. 

“The Coast Guard quickly responded by establishing a Unified Command with federal, state and local stakeholders to rapidly open alternative channels and restore the Port of Baltimore to full operations in just over two months.” 

She continued: “We stand ready to support the Justice Department to ensure that those responsible for this tragedy pay the costs of reopening the port.” 

The USDOJ noted that the claim of the US does not include any damages for the reconstruction of the Francis Scott Key Bridge. 

The State of Maryland built, owned, maintained and operated the bridge and attorneys on the State’s behalf may fil their own claim for those damages, according to the department. 

Pursuant to the governing regulation, funds recovered by the State of Maryland for reconstruction of the bridge will be used to reduce the project costs paid by the federal taxpayer dollars.

Source: Container Mag

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