Employer, Workers’ Comp Insurer, Survivor Join Baltimore Bridge Collapse Litigation

The road construction firm that employed six workers who were killed and another who was seriously injured in the collapse of Baltimore’s Key Bridge, along with its workers’ compensation carrier, have filed claims against the owner and operator of the Dali cargo ship responsible for the tragedy.

The worker who survived the bridge collapse after plunging into the river in his truck has also brought a lawsuit.

Brawner Builders and its insurer Zurich American Insurance Co. want to be reimbursed for workers’ compensation and legal costs they incur due to the deaths and injuries of the workers in the incident.

Grace Ocean, the ship’s owner, and Synergy Marine, the ship’s operator, have asked the court limit their liability for the tragedy under maritime law.

The construction firm and insurer say they have paid or will pay all workers’ compensation claims for the six deceased workers and their dependents and the one injured worker and seek reimbursement for those costs. They are seeking reimbursement for those costs and reserving rights to any funds that the workers’ dependents may recover in litigation.

Brawner supplies equipment and labor for large-scale projects including bridge construction. On the Key Bridge, Brawner’s workers were repairing potholes when the incident occurred. Zurich issued a policy to Brawner providing workers’ compensation coverage, and insuring Brawner for certain other losses.

The six Brawner employees, all Latinos, who were on the bridge at the time of the accident and fell to their deaths were: Dorlian Cabrera, Carlos Estrella, Alejandro Fuentes, Jose Lopez, Miguel Luna Sr, and Maynor Sandoval. Another employee, Julio Cervantes Suarez, fell into the river and survived with injuries.

Not all of the families of the six deceased workers have yet filed workers’ compensation claims. Zurich American says it will investigate and pay all benefits to which the families are entitled.

Survivor’s Story

The worker who survived, Cervantes Suarez, identified as Cervantes in his legal filing, and his wife have also filed suit against Grace Ocean and Synergy, citing the injuries he suffered.

When the Dali struck the Key Bridge, large portions of the bridge collapsed and began fall into the Patapsco River below. Cervantes says he watched helplessly as his nephew, brother- in-law, and other coworkers fell into the darkness, just before the ground fell under him, too.

According to his account in his legal complaint, after falling from the bridge, Cervantes’s truck landed upright in the Patapsco River with him still inside and then began to fill with frigid water until it reached over his head. He managed to escape out the window of the front door and hold on to the bed of his truck, which was still above water, but sinking quickly. Even though he cannot swim, Cervantes “miraculously managed with all of his strength and determination to wade to a nearby pile of concrete, where he was later rescued.”

Cervantes says he suffered severe personal injuries, including but not limited to blunt impact injuries, head injuries, back injuries, leg injuries, arm injuries, hypothermia, ingestion of water, emotional distress, fear of impending death, and fear of drowning.

He is seeking damages including for emotional distress, past and future medical expenses and lost income, loss of enjoyment of life, punitive damages and more.

While the suits target the ship owner and operator, Brawner itself has also come in for some scrutiny. The Associated Press reported that the six workers’ deaths have raised questions about whether the construction company took proper safety precautions. Federal Occupational Safety and Health Administration (OSHA) regulations require construction firms working over waterways to have a safety boat available for use in warning and rescuing workers. It’s not clear if Brawner had a skiff available or if that would have made a difference in this case.

Construction Workers Had Little Warning as Baltimore Bridge Collapsed. Why?

In addition to taking the lives of six individuals, the bridge collapse destroyed Baltimore property, interrupted traffic routes, and brought the region’s primary economic engine to a halt.

The Brawner workers’ compensation lawsuit is one of a number alleging that the Dali owner and operator should be held liable liable for the tragedy. Among the parties that have filed damage suits are the families of the deceased workers, the city of Baltimore, the state of Maryland, the US government, a road supervisor who had to jump to safety, longshoremen seeking lost wages, and a small business affected by the port closure that has filed a class action.

Grace Ocean and Synergy maintain that they shouldn’t be held liable for any loss or damage from the disaster. But if they are held liable, their liability should be limited under maritime law to no more than the current value of the ship and its cargo after the crash, or $43.7 million. Before the crash, the value of the ship was about $90 million.

Also, the Federal Bureau of Investigation has a criminal probe of the crash underway. The National Transportation Safety Board, which issued a preliminary report, is conducting a deeper investigation.

Top photo: Baltimore Key Bridge salvage operation underway.