New Orleans port officials have filed a lawsuit seeking more than $1m in damages from the owner and operator of an asphalt tanker that crashed into a docked cruise ship on the Mississippi River in the city on Friday.
In some of the first legal consequences of Friday’s crash, the port has also obtained a federal court order authorizing the seizure of the Atlantic Asphalt tanker. The Atlantic Asphalt slammed into the American Heritage cruise ship, causing the river boat to flip onto its side, injuring more than 30 people and setting off a frantic but successful effort to pull people out of the water.
The board of commissioners of the port of New Orleans filed the lawsuit in federal court late Friday, naming the Atlantic Asphalt tanker; its owner, Nave Shipping SA; and its management company, Thome Ship Management, as defendants.
Court documents state that the Atlantic Asphalt struck the American Heritage cruise ship at about 12.30pm Friday while passengers were disembarking at the port’s Thalia Street terminal.
The crash also left the terminal with extensive damage, according to the port’s lawsuit. The port estimates that repairs will exceed $1m, although officials are still determining the full scope of the destruction.
The port – beside repair costs – is pursuing compensation for cleanup operations, inspections and other expenses stemming from the Atlantic Asphalt’s crashing into the American Heritage.
Using a term for when a moving vehicle strikes a stationary object, the lawsuit alleges: “The allision occurred as a result of the negligence, gross negligence, fault or carelessness of the Atlantic Asphalt, Nave Shipping, Thome (and potentially other parties not yet identified with responsibility for the operation, condition, crewing and seaworthiness of the Atlantic Asphalt).”
“As a result of the foregoing,” the lawsuit also states, “the Atlantic Asphalt, Nave Shipping, Thome (and potentially other parties not yet identified with responsibility for the operation, condition, crewing and seaworthiness of the Atlantic Asphalt) are solidarily liable for all damage sustained by the Board as described herein.”
The port furthermore requested permission from a federal judge to have the tanker seized and sold to help cover the costs of the damage. The judge, Wendy Vitter, approved the seizure request on Friday.
In its complaint, the port argued that the tanker and the companies overseeing its operations failed to comply with safety requirements and did not take appropriate precautions to prevent the collision with the stationary cruise ship.
The lawsuit maintains that the port bears no responsibility for Friday’s crash and seeks to hold the tanker’s owner and management company accountable for the resulting damage.
Port officials also indicated that additional defendants could be named in the case – and that the amount of damages sought could increase as further details emerge.
Videos shot from aboard the cruise ship and posted online showed terrified passengers and crew after the moment of impact. Several people were seen in the river wearing life jackets, including one woman who filmed herself floating in the water, exclaiming: “Boat just sank, bro. What the fuck?”
There were 197 passengers aboard the American Heritage at the time of Friday’s crash. Despite the severity of the collision, every passenger was accounted for, and no deaths or critical injuries were reported.
The city’s mayor, Helena Moreno, characterized the outcome as a “miracle on the Mississippi” – and attributed it to an effective performance by local, state and federal first responders.
In a news conference on Saturday afternoon, Moreno said that the American Heritage cruise liner may take several weeks to ultimately be removed from the site of the crash.
She added that members of the National Transportation Safety Board (NTSB) had recently arrived in the city, with more expected to arrive later Saturday. Moreno said that “it took a little bit longer for their arrival” because of Friday’s nationwide Federal Aviation Administration ground stop that delayed and canceled thousands of flights.
Capt Melanie Burnham of the US Coast Guard, commander of the military branch’s New Orleans sector, on Saturday confirmed that the investigation into the previous day’s crash was ongoing.
She had said Friday that the Atlantic Asphalt had evidently experienced “some type of loss of steering” before the crash – but that it still needed to be investigated.
“Our top priority now is the safe removal of the hazardous material on board the American Heritage,” Burnham said on Saturday. “It’s still pretty early. We are estimating about 16,000 gallons [of fuel] are still on board the American Heritage.”
Burnham also confirmed on Saturday that the Atlantic Asphalt had been towed to a different location, and added that the scene of the crash would remain a restricted area for the foreseeable future.
