The families of the six men killed on the Francis Scott Key Bridge and the one man who was injured may be close to settling their case with the owner of the ship that caused the collapse last March.
Court documents show that the parties will go into an in-person settlement conference on Nov. 3.
Personal injury claims have priority in maritime cases, according to Allen Black, an admiralty law professor at the University of Maryland.
“The law requires that the limitation fund be at least $420 per gross ton. So, when you do the math here, the minimum fund works out to roughly $39,954,000,” Black said.
The Dali case is going through a complex structure of legal proceedings to determine the liability of Grace Ocean Private, the company that owns the Dali, and Synergy Marine Group, the business that managed the ship.
The companies asked to limit their liability at $43.7 million. The Limitation of Liability Act of 1851 allows ship owners to reduce their exposure under certain circumstances. The calculation is made based on the value of the vessel and its freight.
“The vessel owners have come in and said, ‘Look, this horrible accident happened, but it happened without the privity or knowledge of the owners,’” Black said. “It was a navigational issue or an unexpected calamity, unexpected failure that caused it.”
Next summer, the District Court of Maryland will hear a case of whether that claim is true and the companies’ liability should be capped. If the judge rules against the companies they may be forced to pay more than the approximately $44 million to the state of Maryland and other entities.
Once liability is decided, a second trial will go forward deciding how much the companies must pay.
However, according to Black, the personal injury claims are likely to amount to less than the $44 million.
“The personal injury and wrongful death plaintiffs are likely to be unaffected by how the limitation of liability decision goes, whether liability is limited or not or not probably isn't going to affect their recovery,” Black said. “So it makes sense, makes sense for them to try and get their money now, rather than waiting another two, three years for the case to wrap up.”
The state of Maryland, the city of Baltimore and multiple companies are suing the companies for huge damages including the cost of the Key Bridge rebuild and damages to revenue and tax collection.
