Pretrial Hearing Sets the Stage for Dali Trial to Begin June 1
More than two years after the containership Dali hit Baltimore’s Francis Scott Key Bridge, destroying the roadway, killing six people, and causing massive economic damage to the region, the trial is due to begin in less than a month. The judge has admonished all parties that the trial needs to start, and on Tuesday, what could be the next-to-last pretrial hearing took place.
Judge James K. Bredar is overseeing the process and will hear the case, which is being conducted as a bench trial, meaning the judge, not a jury, will make the decision. The agreed-upon process calls for the trial to begin on June 1, and according to local media reports, it is scheduled to run most of the month, with 18 days on the court’s calendar. Judge Bredar will first hear and rule on the owner and operator’s claim to invoke an 1851 law to limit their liability. If they prevail, the claim would be limited to the value of the Dali and her cargo, which is reported at approximately $44 million. The second phase will consider the individual claims.
Media reports group the claimants in the case into five broad groups. There are the families of the six people, a road crew working on the bridge, who lost their lives, as well as the groups that suffered property damage, private and economic loss, cargo owners, and the government. The State of Maryland has settled with the insurers, but the City and County of Baltimore are still parties to the case.
During Tuesday’s pretrial hearing, the judge took up a range of issues from the mass of lawyers involved in the case. Media reports said there were at least 35 lawyers present in the courtroom on Tuesday. In fact, there are so many involved, the judge instructed that everyone does not have to be present every day of the trial.
Among the issues being addressed were the witness list, evidence lists, and procedural matters. WBAL TV Baltimore reports the owners and operators made a last-minute claim to redefine the voyage of the Dali, which has been described as starting in Baltimore, as having started in Newark, New Jersey. They report the judge has not yet ruled on that issue. The judge, however, has ruled that the NTSB report is not admissible, but they can use evidence collected by the NTSB.
WBAL reports at least one group of the claimants plans to focus on the issue of vibration, arguing that it caused the critical electric wire to disconnect. The report says those defendants plan to call the pilot and second officer to testify.
It is unclear, though, how many of the crewmembers will participate in the trial. CBS News Baltimore and WJZ report that the captain of the Dali pleaded the Fifth (protections against self-incrimination granted in the U.S. Constitution) during six hours and 300 pages of questioning. Kevin Mahoney, a lawyer in the case, WJZ reports, told the judge, “Basically the entire engine control room from the chief engineer down to the oiler would not testify.”
It also reports some individuals refused to come to the United States and had depositions taken in London. Some of the crewmembers had been ordered to remain in Baltimore through the trial. It is unclear how many might still be in the country.
It is expected that basic questions such as the seaworthiness of the vessel and the charges of negligence by the owner and operator will be key issues in the trial.
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A separate magistrate judge continues to handle the ongoing settlement talks. Reports said that several claimants indicated they remain open to a settlement before the trial begins. Judge Bredar has indicated that it remains a possibility.
The next, and possibly final, pretrial hearing is scheduled for May 20.