Baltimore business sues Dali owners for alleged negligence

A Baltimore publisher is suing the companies behind the massive cargo ship that collapsed the Francis Scott Key Bridge last month, saying they were negligent for allowing an allegedly unseaworthy ship to sail ahead of the catastrophic crash that killed six people.

American Publishing LLC, based in Essex, filed the proposed class action lawsuit Thursday on behalf of other businesses in the Baltimore area impacted by the bridge collapse. Local enterprises dramatically cut back on placing advertisements in American Publishing’s publications since the bridge collapse, impacting its bottom line, the complaint says.

The complaint targets Grace Ocean Private Ltd. and Synergy Marine Pte Ltd., the Singaporean companies that own and manage the ship that brought down the Key Bridge. Citing a federal law from 1851, the companies asked to be cleared of liability from the bridge collapse or to limit damages to the cost of the ship and the money it stood to make from its cargo.

The 984-foot Dali, which weighed 112,000 tons loaded with cargo, left the Port of Baltimore early in the morning of March 26. The ship experienced an apparent loss of power as it approached the Key Bridge and struck one of its critical support columns. The span immediately collapsed into the Patapsco River, plummeting six workers filling potholes to their deaths.

“This catastrophe was wholly preventable,” the complaint says. “Reports indicate that alarms signaling erratic power supply had been activated even before the Dali’s departure, clearly signifying its unfit state for voyage. Nevertheless, it was allowed to leave port, a decision marred by flagrant disregard for seaworthiness.”

American Publishing’s lawsuit represents the second such action against the companies behind the Dali.

On Monday, the City of Baltimore filed suit on similar grounds, the first government agency to act on pledges to hold the Dali’s owner and manager accountable.

“None of this should have happened,” the claim filed by the mayor and City Council in Baltimore’s U.S. District Court said. “Even before leaving port, alarms showing an inconsistent power supply on the Dali had sounded. The Dali left port anyway, despite its clearly unseaworthy condition.”

What happened aboard the Dali leading up to the bridge strike is at the center of parallel probes by the National Transportation Safety Board and the FBI. The former federal agency investigates to eventually issue recommendations geared toward preventing future transportation tragedies while the latter looks at the possibility of criminal charges.

In previous deadly maritime disasters, federal prosecutors brought cases against under a pre-Civil War statute known as “seaman’s manslaughter.” The law says neglect or misconduct leading to death by a ship officer is punishable by up to 10 years in prison. It also applies to companies that own or charter vessels for “fraud, neglect, connivance, misconduct, or violation of law” leading to death.

A spokesperson for Synergy Marine declined to comment, citing ongoing investigations into the Key Bridge collapse.

When the 1.6-mile span fell, it not only claimed six lives, but permanently altered Baltimore’s skyline and indefinitely disrupted commerce at the city’s bustling port.

“Tens of thousands of jobs rely directly on the Port,” attorneys for Baltimore wrote. “Those employed in the Port spend money on local Baltimore businesses, creating yet more jobs.”

In 2023, the port handled about 55 million tons of cargo and generated more than $70 billion in “economic value,” according to the city’s lawsuit against the Dali’s owner and manager.

“Since the disastrous allision, commercial activities in and around Baltimore have virtually come to a standstill,” attorneys for American Publishing wrote. “It could take several years for the area to recover fully.”

The company publishes United States Cybersecurity Magazine and a biannual Armed Forces Directory, which helps military members transition to Aberdeen Proving Ground and Fort Meade by, in part, promoting local businesses that offer military discounts, according to the lawsuit. Last year, the company landed a contract to publish the Base Guide for Fort Meade.

But American Publishing’s income declined 84% comparing this month to last April, according to the complaint, which claimed the bridge collapse was the only explanation.

The couple who own and operate American Publishing experienced a “great deal of emotional distress,” said one of the owners’ attorneys, Roy Mason, of the Milberg law firm.

Within days of the bridge collapse, Mason told The Sun, the owner “noticed something that hadn’t happened in years: Her phone was not ringing. She wasn’t getting any calls from her clients, from retailers — nobody.”

“They reflect hundreds, if not thousands, of other businesses in the Baltimore area,” he added.

Mason said the firm decided to pursue a class action complaint because it received “hundreds of calls from local businesses,” and predicted additional claims would be filed on behalf of other companies.