
New Orleans officials file $1 million lawsuit after ‘Mississippi miracle’ tanker crash | New Orleans
Port of New Orleans officials have filed a lawsuit seeking more than $1 million in damages from the owner and operator of an asphalt tanker truck that crashed Friday into a cruise ship docked on the Mississippi River in the city.
Among the first legal consequences of Friday’s accident, the port also obtained a Federal Court order authorizing the seizure of the tanker Atlantic Asphalt. The Atlantic Asphalt slammed into the American Heritage cruise ship, flipping the riverboat onto its side, injuring more than 30 people and sparking a frantic but successful effort to pull people from the water.
The New Orleans Board of Port Commissioners filed a lawsuit in federal court Friday night, naming the tanker Atlantic Asphalt; its owner, Nave Shipping SA; and its management company, Thome Ship Management, as defendants.
Court documents say the Atlantic Asphalt struck the American Heritage cruise ship around 12:30 a.m. Friday as passengers disembarked at the port’s Thalia Street terminal.
The accident also left the terminal with significant damage, according to the port’s lawsuit. The port estimates repairs will exceed $1 million, although officials are still determining the extent of the destruction.
The port – in addition to repair costs – is seeking compensation for cleanup operations, inspections and other expenses resulting from the Atlantic Asphalt crash into the American Heritage.
Using a term for when a moving vehicle strikes a stationary object, the lawsuit alleges: “The collision occurred as a result of the negligence, gross negligence, fault or recklessness of Atlantic Asphalt, Nave Shipping, Thome (and potentially other parties not yet identified as responsible for the operation, condition, crew and seaworthiness of Atlantic Asphalt). »
“As a result of the foregoing,” the suit also states, “Atlantic Asphalt, Nave Shipping, Thome (and potentially other parties not yet identified as responsible for the operation, condition, crew and seaworthiness of Atlantic Asphalt) are jointly and severally liable for all damages suffered by the Council as described herein. »
The port also asked a federal judge for permission to have the tanker seized and sold to help cover the cost of the damage. Judge Wendy Vitter approved the seizure request Friday.
In its complaint, the port argued that the tanker and companies overseeing its operations failed to comply with safety requirements and take appropriate precautions to avoid collision with the stationary cruise ship.
The lawsuit maintains the port bears no responsibility for Friday’s accident and seeks to hold the tanker’s owner and management company responsible for resulting damages.
Port officials also indicated that other defendants could be named in the case – and that the amount of damages sought could increase as more details emerge.
There were 197 passengers aboard the American Heritage at the time of Friday’s accident. Despite the severity of the collision, all passengers were accounted for and no deaths or serious injuries were reported.
The city’s mayor, Helena Moreno, called the outcome “a miracle on the Mississippi” — and attributed it to the efficiency of local, state and federal first responders.
At a news conference Saturday afternoon, Moreno said the American Heritage cruise liner could take several weeks to finally be removed from the crash site.
She added that members of the National Transportation Safety Board (NTSB) had recently arrived in the city and more were expected to arrive later Saturday. Moreno said “their arrival took a little longer” because of Friday’s nationwide shutdown by the Federal Aviation Administration that delayed and canceled thousands of flights.
U.S. Coast Guard Capt. Melanie Burnham, commander of the military branch’s New Orleans sector, confirmed Saturday that the investigation into the previous day’s accident was ongoing.
She had said Friday that Atlantic Asphalt had obviously suffered “some sort of loss of steering” before the accident – but that this still needed to be investigated.
“Our top priority now is the safe disposal of hazardous materials aboard the American Heritage,” Burnham said Saturday. “It’s still quite early. We estimate there are still about 16,000 gallons (of fuel) remaining on board the American Heritage.”
Burnham also confirmed Saturday that the Atlantic Asphalt had been towed to another location and added that the crash site would remain a restricted area for the foreseeable future.
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