BALTIMORE (AP) — Crew members of the freighter Dali can return home as early as Thursday under an agreement that allows lawyers to question them as part of investigations into the cause of the deadly Francis Scott Bridge collapse Baltimore Key.
None of the crew members have been able to leave the United States since their ship lost power and crashed into one of the bridge’s support columns on March 26.
Under the agreement, which was upheld by U.S. District Judge James K. Bredar during a hearing Thursday, the crew can return home but must be available for drop-offs.
The lawyers had the judge asked Tuesday to prevent the approximately two dozen crew members in total – all from India or Sri Lanka – from leaving. Eight of the Dali crew members were expected to return home, according to emails included in court documents.
In court cases, lawyers representing the city of Baltimore said the men should remain in the United States so they can be deposed in ongoing civil litigation to decide who is responsible for costs and damages resulting from the bridge collapse. Six construction workers were killed and most maritime traffic passed through Baltimore’s bustling harbor was temporarily suspended.
“The crew is composed entirely of foreign nationals who, of course, possess essential knowledge and information about the events giving rise to this litigation,” the lawyers wrote. “If they are allowed to leave the United States, plaintiffs may never have the opportunity to question or depose them.”
Attorney William H. “Billy” Murphy Jr., representing a plaintiff named Damon Davis, said the litigation over the bridge collapse “could be the costliest maritime case in world history.”
“Everyone is paying close attention to the details so we can understand every aspect of this case and reach a just outcome,” Murphy said.
Seven lawyers represented the federal government at the hearing. Two lawyers who represented the Dali’s owner ignored questions as they left the courthouse.
Lawrence B. Brennan, a longtime Admiralty attorney based in New Jersey, said these kinds of legal battles are not rare or even unprecedented.
“It’s going to get messy for a while,” said Brennan, who previously worked for the Justice Department and is an assistant professor of law at Fordham University. “And I don’t think anything can be resolved in the coming weeks or months unless someone decides it’s in their best interest to pay the case.”
Brennan said it was important to finalize the filings quickly to avoid stalling the case.
“We don’t want to be dealing with these same issues in two, three or four years,” he said.
But he warned that it could be difficult to hold witnesses to such an agreement once they leave the United States.
“The promise to come back is difficult to implement,” Brennan said. “So if this law is not enforced, then the court must decide what the consequences are.” And it’s usually a punishment for the party that broke the agreement.”
Darrell Wilson, a spokesman for the ship’s owner, said Tuesday evening that some crew members were expected to leave but he could not say when, and that others would stay to help with the investigation. He also said he did not know exactly when the ship would leave Baltimore for Norfolk, Virginia, where it would receive extensive repairs.
The massive container ship remained stuck amid the rubble of the fallen bridge for nearly two months while workers removed thousands and thousands of tons of mangled steel and concrete from the bottom of the Patapsco River, entrance to Baltimore Harbor.
The ship’s crew remained on board even when Explosives exploded to break fallen bridge trusses and free the ship from a massive steel span that landed on its bow.
The ongoing civil litigation began with a Petition from the owner and manager of the vesseltwo Singapore-based companies seeking to limit their legal liability in the deadly disaster.
A National Transportation Safety Board investigation We discovered that the ship had experienced two power outages in the hours before its departure from Baltimore Harbor. Moments before the bridge collapsed, it lost power again and veered off course. The agency is still investigating the causes of the power outages.
The FBI also launched a criminal investigation.
According to emails included in Tuesday’s court documents, the eight crew members who were scheduled to return home have already been interviewed by Justice Department investigators, and the department does not object to their departure. The crew members were leaving Baltimore “probably around” Thursday, a lawyer for the ship’s owner and manager wrote.
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Brumfield reported from Silver Spring, Maryland. Finley reported from Norfolk, Virginia.