PaintSquare.com
Follow us on Twitter Follow us on LinkedIn Like us on Facebook Follow us on Instagram
Search the site

 

Get the latest FREE eResource Blasting Resource Guide Download Now

Coatings Industry News

Main News Page


Officials Seek $7M in Bridge Collapse

Monday, January 7, 2013

Comment | More

Kentucky officials are seeking $7.1 million after emergency repairs were required when a cargo ship struck a bridge, essentially cutting it in half and causing the span to collapse last January.

The Eggners Ferry Bridge collapsed about 8 p.m. CT Jan. 26, 2012, when the cargo vessel M/V Delta Mariner struck and tore away a 322-foot-long span of the 80-year-old bridge, which carries U.S. 68 and KY 80 over Kentucky Lake.

When the 312-foot-long, 8,200-ton cargo carrier vessel slammed into the bridge, it was carrying aviation and aerospace components for the U.S. Air Force and NASA.

Although several vehicles were on the bridge at the time, no injuries were reported. More than 2,600 vehicles use the bridge each day.

SurfKY News Group

A cargo vessel slammed into a Kentucky bridge last January, necessitating more than $7 million in emergency repairs. KYTC is now suing for those damages.

Claims Total New Bridge

The Kentucky Transportation Cabinet is seeking the largest amount out of a total of $7,286,934.51 in claims filed against Foss Maritime.

KYTC filed claims for $7 million in property damage and $186,896.63 in consequential damages.

Foss Maritime,which owns the Delta Mariner, has asked a federal judge to rule that it was not responsible for causing the collapse, because some of the bridge's lights were not working.

Foss Maritime made the claims public on Thursday (Jan. 3).

"This is a customary practice when maritime casualties occur," said company spokeswoman Suzanne Lagoni. "Today Foss, in order to comply with applicable procedural rules that govern maritime claims, filed with the court a notice of all the claims that were received."

The amount being sought by KYTC would cover the total of an emergency contract Gov. Steve Beshear awarded last year to repair the bridge.

"Immediately after Foss' cargo ship hit the bridge, the Cabinet had to dispatch a considerable number of bridge engineers and inspectors to determine whether the other spans of the bridge were stable. That investigation included the hiring of a team of underwater inspectors," KYTC spokesman Chuck Wolfe told Law360.

To save time, KYTC made an emergency solicitation for bids to repair the bridge rather than follow its customary construction procurement process, in which a project is designed and put out for bids.

Liability, Lights Out

KYTC officials have acknowledged that some bridge lights were out at the time, but they said that the U.S. Coast Guard had issued warnings twice each day for the five days that the lights were out before the incident.

Workers had been repairing the lights on Jan. 24, 2012, when they had to stop due to rain. They planned to restart work on Jan. 27, 2012, according to court records.

On Feb. 14, 2012, Foss Maritime filed a complaint for exoneration from or limitation of liability that stated: "At that time, only one span of the Bridge was marked with navigational lights, with a green navigational light at the center of the span and with red lights on each pier. The remainder of the Bridge was dark."

Foss Maritime claims it should not be liable because the bridge lacked proper lighting. State officials say operators received multiple alerts.

"The bridge's lack of properly functioning navigational lighting for northbound commercial traffic channel span on the Tennessee River was the proximate cause of the allision," the complaint said.

Kentucky officials contend that the ship's operators failed to heed repeated warnings about the lights on the bridge from both the Coast Guard and a nearby vessel, which called the Delta Mariner to warn that it was probably too tall for the course it was on.

The state's attorneys have stated that despite crew members noticing the problem from four miles off, the Delta Mariner didn't slow from its speed of 11.5 mph. The crew could have used radio equipment, radar, electronic charts, software and other technology to chart a safe course but instead chose a route not marked for commercial vehicles, the state said.

Others Claims Filed

In addition to the state's claims, a local restaurant is seeking $33,864.62 for lost sales, and BellSouth Telecommunications LLC filed a claim for $59,321 for property damage.

Two local residents filed claims totaling nearly $7,000, and a third is seeking an unstated amount for economic losses and emotional damages.

A spokeswoman for Foss Maritime said claims had to be submitted by Dec. 12, 2012, and the company moved to stop any further claims from being filed.

Under maritime law, Foss Maritime doesn't have to sue another party and has instead asked a judge to rule on the extent of liability and to halt all other lawsuits and legal proceedings while that determination is made.

Foss Maritime's attorneys said that if the judge finds the company liable at all, it shouldn't be for more than the value of the boat and the freight. The boat was worth more than $13 million immediately after the crash and the freight was worth $227,900, but repairs will detract from the value.

   

Tagged categories: Accidents; Bridges; Health and safety; Laws and litigation; Marine; Steel; Transportation

Comment Join the Conversation:

Sign in to our community to add your comments.

Advertisements
 
International Bridge Conference
 
2017 International Bridge Conference
 
June 4-8, 2017, National Harbor, Maryland
 

 
Detail Masters
 
Overspray Removal
 
We offer professional, turnkey service and unparalleled quality!
Our process can save hundreds— even thousands of dollars. It's fast, environmentally safe and 100% guaranteed.
 

 
SEMicro Division, M.E. Taylor Engineering, Inc.
 
Coatings Adhesion Testers
 
The PATTI® accurately measures the bond strength between coating & substrate. Outfitted properly, the surface can be rough, porous, or curved & >10K psi strong!
 

 
Termarust Technologies
 
Termarust (HR CSA) Chemically Stops
Active Corrosion
 
Arch truss treated with Termarust's (HR CSA) in 2003. This steel arch bridge is rust free on all surfaces including the crevice corroded joints and connections.
 

 
PPG Protective and Marine Coatings Group
 
We Protect and Beautify the World
 
PPG is widely recognized as a world leader in protective and marine coatings, developing innovative, cutting-edge products and services.
 

 
Clemco Industries Corp.
 
Maximum Dust Suppression Systems Start at $14,950
 
The system comprises proven technology and equipment with user-friendly flexibility in mind. See it in action.
 

 
Jotun Paints Inc.
 
Jotachar JF750 - The Time Saving Solution
 
The only mesh free solution for jet fire scenarios. Jotachar saves installation time and material costs - the next generation of epoxy passive fire protection.
 

 
Atlantic Design, Inc.
 
GOING BEYOND INDUSTRY STANDARDS
 
The ADI HD40 Dust Collector is a smaller, more economical way to meet/ exceed Industry standards. Watch the video for details on our website. 866.Call.ADI
 

 
Blastox/The TDJ Group, Inc.
 
Blastox® - One Step Lead Abatement
 
Sandblast additive delivered to jobsite pre-blended to eliminate hazardous abrasive wastes. Why mix, meter or apply at the job-site? Blast with ease and
Let your painters paint!
1(800)-252-7869
 

 
Novatek Corporation
 
Novatek Corporation, Dustless Coatings Removal
 
Strip, clean and profile all dust free! Comply with new lead standards. Contact today: (866) 563-7800
 

 
 
 

Technology Publishing Co., 2100 Wharton Street, Suite 310, Pittsburgh PA 15203-1951

TEL 1-412-431-8300  • FAX  1-412-431-5428  •  EMAIL webmaster@paintsquare.com


The Technology Publishing Network

Durability + Design PaintSquare the Journal of Protective Coatings & Linings Paint BidTracker

 
EXPLORE:      JPCL   |   PaintSquare News   |   Interact   |   Buying Guides   |   Webinars   |   Resources   |   Classifieds
REGISTER AND SUBSCRIBE:      Free PaintSquare Registration   |   Subscribe to JPCL   |   Subscribe to PaintSquare News
MORE:      About PaintSquare.com   |   Privacy policy   |   Terms & conditions   |   Site Map   |   Search   |   Contact Us