Dali owner fights negligence, liability claims with Maryland's Key Bridge trial approaching

An army of lawyers showed up at a hearing on Tuesday to iron out issues ahead of an upcoming trial to determine whether the owner and operator of the ship that struck Maryland's Key Bridge should be held liable for the full damages caused by the tragedy. 

That trial is expected to take up most of June, and many crew members onboard the ship during the tragedy have pleaded the Fifth in depositions. Some still remain in Baltimore more than two years after the tragedy. 

The State of Maryland has already settled its claims in the case, and there could be more settlements to come ahead of the June 1 trial.

Liability and negligence claims 

The Dali caused billions of dollars in damage when it struck the Key Bridge in March 2024.

The ship's owner, Grace Ocean Private Limited, and its operator, Synergy Marine, have vigorously argued they should not be held liable for the full amount and claimed the tragedy was beyond their control. 

Some of the arguments stem from a 1851 law enacted after the Titanic sank that limits liability to the value of the ship and its contents—roughly $44 million. 

The escalating cost of a replacement bridge could run anywhere from $5 billion to $9 billion. 

Disputes over the cost led the state to remove lead contractor and bridge designer Kiewit last week.    

Lawyers will be presenting arguments before Judge James K. Bredar, who will decide the matter on his own, without a jury, at a June trial that is expected to last for 18 days.  

"Judge Bredar is very balanced and fair, and we believe he came up with rulings that were in line with the way we think the case should be presented and will be presented," said attorney Dan Rose, who is arguing against the Dali's owner's claims. "It will be compelling."

Among the questions Judge Bredar must answer are whether the Dali was seaworthy when it sailed from the Port of Baltimore and whether the owner and operator were negligent. 

The estates of those who lost their lives or were injured, companies that suffered economic and property damage, and Baltimore City and Baltimore County governments are among those opposing Grace Ocean and Synergy at trial.

"Their lives meant something, not just to their families but to the city and the state, and we're here to fight for them," said attorney L. Chris Stewart.

Judge Bredar described the trial as "big, sprawling and expansive."

Remaining silent 

WJZ Investigates has learned the captain of the Dali pleaded the Fifth during "6 hours and 300 pages of questioning" in depositions, according to an opposing attorney. 

Kevin Mahoney, a lawyer representing some of those fighting the Dali's owner and operator, told the judge, "Basically, the entire engine control room from the chief engineer down to the oiler would not testify."

Judge Bredar made clear crew members were not being detained by his court in the matter.

Some remain here in Baltimore, as WJZ Investigates has previously reported. 

Several depositions were conducted in London, with attorneys stating some key players would not come to the United States. 

The cause 

A National Transportation Safety Board investigation revealed a single loose wire on the massive ship caused the Dali to lose power, leading to a catastrophic set of issues and ultimately the Dali striking Baltimore's Key Bridge. 

Attorney Dan Rose also noted, "mistakes that were made less than 12 hours earlier that were exactly, directly related to what happened when the ship lost power and crashed into the Key Bridge."

Judge Bredar ruled the NTSB's final report will not be allowed as evidence. 

In court Tuesday, lawyers for the Dali's owner pushed to introduce an inspection report—completed after the Dali left Baltimore—showing the vessel had vibration issues that could have led to the loose wire. 

They have also sued the ship's manufacturer, claiming the Dali had defective electrical systems from its delivery.

Settlement talks 

Sixteen lawyers crammed the tables next to Judge Bredar in the largest federal courtroom in Baltimore for the pre-trial hearing. At least 20 more lawyers listened from the gallery.

Even though Maryland has settled its claims, a number of parties are moving forward with this trial, including the estates of those workers who lost their lives.

A separate magistrate judge is handling settlement talks, and several claimants expressed to Judge Bredar that they were still open to reaching an agreement before trial.

One of the lawyers representing those harmed in the disaster expressed optimism in the judicial process. 

"We have the three things that we need," said L. Chris Stewart. "A great judge, a great legal team, and a great cause fighting for these hard-working families who lost their loved ones."

Judge Bredar set the next pre-trial hearing for May 20.