Grace Ocean and Synergy Marine Petition Court to Delay Dali Civil Trial

Dali containership and wrecked Francis Scot Key Bridge Baltimore — Two weeks before the scheduled start of the civil trial the companies are seeking a delay after the criminal indictment was announced

With just over two weeks until the scheduled start of the civil trial over the civil liabilities from the containership Dali destroying Baltimore’s Francis Scott Key Bridge, the owner and operator of the Dali petitioned the U.S. District Court in Baltimore to stay the trial based on the Department of Justice just unsealing criminal charges.

“The DOJ’s investigation alone has had a significant, detrimental impact on both petitioners, and unsealing the indictment so close in time to trial continues to negatively impact both petitioners and the trial in this action,” the companies asserted in their filing. They state that the manager for the Dali, Synergy Marine, is “now in the untenable position where it must defend itself here while facing criminal charges.” It also states that the owner, Grace Ocean, while not in the criminal indictment, has still also had its ability to present a defense substantially impacted.

The companies highlight that the criminal and civil cases arise out of the same facts and circumstances. It asserts the allegations in the criminal indictment are “unfounded and strenuously denied,” while pointing out to the court that the DOJ waited until less than three weeks before the civil trial to unseal the indictment.

DOJ had obtained the indictment against Synergy Marine and its port technical supervisor on April 8. It only unsealed the indictment on May 12 at a press conference in Baltimore.

The civil case has been pending for two years, with Grace Ocean and Synergy Marine seeking to limit their liability to the value of the vessel and its cargo. The families of the six roadworkers killed when the bridge collapsed, as well as the City of Baltimore, businesses hurt by the port closure and loss of the vital roadway, and others, are seeking civil damages. The State of Maryland announced last week that it had settled its portion of the civil claim for a record $2.25 billion.

U.S. District Court Judge James K. Bredar, who is presiding over the sprawling civil litigation, has admonished all the parties after more than a year of discovery that the trial should move forward on June 1. It is scheduled to run at least two weeks, with the judge first considering the claim for limiting the liabilities and then apportioning the claims. It is scheduled for a bench trial without a jury.

The companies present in the filing a list of 14 officers and crew, ranging from the master to engineers, and the former engineer of the Dali, who could appear as fact witnesses in the civil trial. It also lists a dozen shoreside employees, including marine and technical superintendents who could be fact witnesses. It says the individuals have now said they will not come to the United States to testify after the criminal charges were unsealed. They have also expressed reservations about even testifying by video, the filing asserts.

The companies are asking the judge to stay the civil trial until the resolution of the criminal case. Alternatively, they are asking for at least a 90-day delay to allow them to address the issues with the fact witnesses and their testimony.

A hearing has been scheduled for May 20 on this petition.