Posted on 06/05/2002 5:16:24 AM PDT by HAL9000
The owner of the towboat whose barge collapsed the Interstate 40 bridge near Webbers Falls has asked a federal court to limit its liability.The injured and the families of the 14 people killed in the May 26 bridge collapse would be unable to receive more than a combined total of about $1.2 million for their losses if a judge approves the petition filed Monday by Magnolia Marine Transport Co.
If the petition succeeds, that total also would apply in case the state and federal governments seek monetary damages for the bridge.
"We filed a petition for exoneration and/or limitation of liability this morning, pursuant to federal statutes," said Joel Henderson, Magnolia Marine's attorney.
Magnolia hopes to be vindicated in the accident. Then it would not have to pay families or survivors or for bridge repairs.
Even if it isn't exonerated, the company wants its liability limited to the value of the towboat and freight, Henderson said.
Limitation of liability is a quirk of maritime law that has been in effect since the 1800s to encourage investment in shipping.
The Limitation Of Liability Act states if an accident occurs and the company proves that it wasn't negligent, the company can limit its liability to the value of the boat involved, said Dennis O'Bryan, with Rivermen's Legal Network in Birmingham, Mich.
"These people aren't even buried yet and they're ... trying to get off the hook," O'Bryan said of the barge company.
Kay Blandford, a friend of Maggie Green and Gail Shanahan, Texas horsewomen killed in the bridge accident, said she is furious over the company's petition.
"That's not enough money. It's never going to be. It's never going to provide the comfort they need -- not for any of those families," said Blandford, of Sutherland Springs, Texas.
"I thought, thank God those people will be taken care of. Maggie was the sole provider. Her granddaughter depended on her. Now these people are saying no."
In a related development Monday, Oklahoma City attorneys filed a lawsuit in Muskogee County District Court on behalf of Jim Johnson, his wife, Misty Johnson, and their 3-year-old daughter, Shae. All three were killed in the bridge collapse.
The lawsuit alleges the pilot of the Robert Y. Love towboat had only a total of 10 hours sleep in two days and was fatigued at the time. The towboat had previously hit another bridge and was involved in another near miss because of steering problems, the lawsuit claims.
The towboat was worth $1.2 million on the day of the accident, according to a marine surveyor's estimate included in Magnolia's petition. The value of the freight charge was $23,200, according to the petition filed in federal court in Jackson, Miss.
A barge being pushed by the towboat piloted by William Joe Dedmon hit a bridge support and collapsed a 580-foot section into the Arkansas River. Dedmon told investigators he apparently hit the bridge when he blacked out for about five minutes.
Fourteen people died and five survived the accident. One survivor, truck driver Rodney Tidwell of Ripley, Miss., has retained an attorney who has contacted Henderson.
"We're not aware of any actual lawsuits. We've got a written notice that will occur," Henderson said. "In due course, we'll know about all the claims."
The way for victims' survivors or injured to defeat limitation of liability is to prove in court the towboat owner either knew about, should have known about or participated in a condition that led to the accident, said Philip Bohrer, a maritime lawyer in Baton Rouge, La.
The company likely would get limitation of liability if it is shown that the towboat left port with a fully adequate captain and crew in a recently inspected boat, with the accident caused by something unforeseen such as the captain steering into the bridge, falling asleep at the wheel or suffering a medical problem, Bohrer said.
The company had the option to file for limitation of liability in Oklahoma, where it happened, or Mississippi, where the company is based.
"What this does, it makes everyone that's been injured answer and file suit and show up in Jackson, Miss.," Bohrer said.
Magnolia Marine owns about 15 towboats and more than 60 barges, according to the Web site of its parent company, Ergon Inc. of Jackson, Miss.
Copyright 2002, The Oklahoman
My father-in-law was a private pilot until recently. He was diagnosed with blockages and had to have triple-bypass. The requirements for a private flight certificate are stringent enough to prevent him from being re-certified. I know it's dangerous to do so, but I would assume that there are even more stringent requirements for something like piloting a commercial tug. If this captain had a previously diagnosed condition that could have caused a blackout but did not preclude him from certification, I would think it would behoove him (and the company) to make that condition known in order to mitigate the situation. Likewise, I would expect such a condition to be added by the controlling authorities to the restricted list for all future certifications.
OTOH, I would object to any liability limits until it is established that any pre-existing condition is shown to have not restricted his operation of the boat, or until it is shown that neither he nor the company knew of a pre-existing condition. At the bare minimum, this company should be required to rebuild the bridge. I grew up in West Texas near a refinery that had a fire every few years. One particularly nasty one caused some damage to I-20. The refinery (I think it was Phillips at the time) fell all over itself to get the road repaired. As I recall, they resurfaced it from one side of the city to the other and not just the few hundred feet that were damaged. I am convinced that their willingness to go the extra step in community relations is the reason that this is one of the few refineries still operating in that area.
The captian of a vessel falling asleep at the wheel is not "unforseen", it is negligence.
Frankly, I'm surprised that the company is trying to make it necessary to sue in Mississippi. I would have expected them to try to get out of MS. But then, sentiment in OK probably won't be real friendly either.
Yes, they are. This is sickening in my opinion.
In this case, seeing as there is a l.o.l. issue, the captain must have been employed by the charterer, who undoubtedly has insurance. On a vessel capable of knocking down a bridge, one would surmise that the insurance limits are substantial.
The real crappy application of l.o.l. occurs in jet ski cases, where some kid or kids are killed when their rented (chartered) jet ski collides with another. The jet ski rental companies' insurers frequently use the l.o.l. defense.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.