Tax Advice


Sponsored By:

   The Nation  |  Business  |  Equipment  |  Features


Kentucky sues crew of barge that collapsed bridge

The Delta Mariner stands idle after striking the Eggner's Ferry Bridge in 2012.

By BRETT BARROUQUERE
The Associated Press

3/6/2014

LOUISVILLE, Ky.  — Kentucky transportation officials are suing seven members of the crew of a cargo ship that struck and collapsed part of a bridge over the Tennessee River two years ago, causing millions in damage and diverting traffic for four months.

The state Transportation Cabinet said in a lawsuit moved to federal court this week that it spent at least $7 million to repair the Eggner's Ferry Bridge after the Delta Mariner struck it on Jan. 26, 2012. The cabinet's lawsuit, initially filed in state court in January, said the crew of the ship ignored repeated warnings from the U.S. Coast Guard and another vessel on the river that day about the navigation lights being out on the bridge.

A message left for the owners of the cargo ship, Seattle-based Foss Maritime, was not immediately returned Thursday.

The state didn't specify how much it is seeking in damages should it win a judgment. Along with the $7 million in repairs, transportation officials say the state incurred $186,000 in compensable damages.

The National Transportation Safety Board concluded that the missed and ignored warnings were part of a series of errors that led to the cargo ship striking and tearing down a 322-foot section of the span that carries traffic from near Aurora, Ky., to Land Between The Lakes National Recreation Area in western Kentucky.

In the days leading up to the ship hitting the bridge at mile marker 41.7, the Coast Guard broadcast warnings about work being done on the span and the lights being out.

"All mariners are requested to transit this area with caution," the warning stated.

The Transportation Cabinet said the pilot house crew on the Delta Mariner saw the lights were out, but failed to steer the ship through a marked section that would have been safe to pass.

The bridge collapse stopped traffic over the waterway for about four months before repairs were complete. NTSB personnel said Kentucky transportation officials have since made changes to how lights on the bridge are maintained. Investigators recommended that Foss Maritime develop and implement a better passage plan for Delta Mariner's voyage and clearly define responsibilities while crew is on the bridge of the vessel.

Kentucky officials are seeking $7.1 million in damages from Foss Maritime. BellSouth Telecommunications filed a $59,000 damages claim, and the owners of a nearby restaurant filed a $33,000 claim for lost income while the bridge was being repaired for four months. Foss Maritime has asked a federal judge to rule it was not responsible for causing the collapse because some of the bridge's lights were not working.

Under maritime law, Foss Maritime doesn't have to sue another party. Instead, it can ask a judge to rule on the extent of liability and to halt all other lawsuits and legal proceedings while that determination is made.

The deadline for claims passed in December 2012. As a formality, the company moved a month later to stop any further claims from being filed.

The Delta Mariner was carrying an Atlas rocket booster and other components for the U.S. Air Force's AEHF-2 mission from Decatur, Ala., to Cape Canaveral Air Force Station in Florida, a trip that normally takes about 10 days.

The rocket parts were not damaged, and there was no change in the scheduled launch date, the company has said.

The Trucker staff can be reached to comment on this article at editor@thetrucker.com.

Find more news and analysis from The Trucker, and share your thoughts, on Facebook.