23 April 2024 (LLoyd's List) - THE Baltimore bridge collapse saga continues, both in court and on the water.
On Monday, the mayor and city of Baltimore sued containership Dali (IMO: 9697428) owner Grace Ocean and manager Synergy Marine, seeking to strip them of their liability limitation and hold them financially responsible for all direct damages to the Francis Scott Key Bridge, and all indirect damages the city’s coffers.
The same day, progress on another temporary channel was announced, one that will allow passage of deeper-draught vessels than prior temporary channels.
Direct and indirect damages sought
The city of Baltimore alleged the allision of Dali and the bridge “was a direct result of petitioners’ negligence”.
It alleged that the vessel had “unseaworthy equipment”; the ship’s systems, engine and propulsion were improperly maintained; the engine was not “properly functioning” and the crew was “incompetent and inattentive to its duties”, among other alleged transgressions.
“None of this should have happened,” claimed the city. “Reporting has indicated that even before leaving port, alarms showing an inconsistent power supply on the Dali had sounded. Dali left anyway, despite its clearly unseaworthy condition.”
Lloyd’s List sought comment from Synergy and Grace Ocean on these claims.
“Out of respect for these investigations and any future legal proceedings, it would be inappropriate to comment further at this time,” a Synergy representative responded.
Grace Ocean and Synergy filed a petition to limit or exonerate them from liability on April 1, saying the accident occurred because of no fault of their own. The companies argued that if they are deemed liable, their insurer’s exposure should be limited to a provisional $43.7m under the Shipowner’s Limitation of Liability Act.
The FBI boarded the ship on April 15 as part of a criminal investigation into the accident, reported the Washington Post and other media outlets.
The city of Baltimore argued that “in no way should... liability be limited” for Synergy and Grace Ocean.
It is seeking damages for the cost of replacement of the bridge and all the approaches, costs associated with the interruption of transport for the city, all clean-up costs, and “the loss of taxes and fees levied on the business, including the import and export of trade goods, the loading and unloading of cargo from vessels, and in general, the operation of trade at the Port of Baltimore”, plus punitive damages.
It said that the port “generated over $70bn of economic value in 2023 alone, including billions of dollars in yearly tax revenues”.
Larger temporary channel to open
Meanwhile, access to the port is set to increase beyond prior lower-draught channels.
According to a marine safety information bulletin posted Tuesday, the Baltimore Captain of the Port plans to open the Fort McHenry Limited Access Channel from April 25 until April 29 or April 30.
The temporary channel will have a controlling depth of 10.7 metres, a 91.4 m horizontal clearance and a vertical clearance of 65.2 m. Prior temporary channels had a maximum controlling depth of 6.1 m.
Deep-draught vessels using this temporary channel will use a pilot and two escort tugs, with a 30 cm under-keel clearance requirement. Speed will be kept under five knots “due to this channel’s proximity to Dali”, said the bulletin.
“Vessels with great than 60,000 long tons of displacement will most likely not be allowed to transit,” the bulletin continued. “Vessels with less than 50,000 long tons of displacement will likely be allowed to transit, and vessels between 50,000 and 60,000 long tons will be closely evaluated by the Unified Command.”
