Judge delays Key Bridge federal civil trial indefinitely

A federal judge on Monday agreed to postpone the long-expected civil trial over the collapse of the Francis Scott Key Bridge. It had been set to begin after years of legal wrangling and a slew of last-minute settlements.

Instead of hearing opening statements, U.S. District Judge James Bredar asked the remaining litigants to argue whether any of the claims still at issue are viable. They will have the next month to file briefs on the question.

If Bredar rules the claims can proceed, the civil case would eventually go to trial, but the judge did not set a date.

Over the weekend, all remaining parties in the case — including the city of Baltimore and the companies that own and operate the vessel that crashed into the bridge — agreed the trial should be delayed, according to documents filed in federal court.

Grace Ocean Private Ltd., which owns the container ship Dali, and Synergy Marine Group, the vessel’s operator, previously asked to put the civil trial on hold after federal prosecutors announced criminal charges in the case. Bredar denied that request, even as the companies argued they had no witnesses willing to come to the United States to testify following the indictment.

A flurry of settlements ensued as the trial’s opening neared. The companies reached a $2.25 billion settlement with the state of Maryland, the largest to be announced, and an undisclosed settlement with the state’s insurance company.

In the last few days, the families of the six construction workers who died in the bridge collapse settled, as did two men who survived. Baltimore Gas and Electric and the construction workers’ employer, Brawner Builders, also settled.

That left the city of Baltimore, Baltimore County and area businesses that suffered financially after the collapse. A trial would determine whether Grace Ocean and Synergy can cap their liability at around $44 million.

With the construction workers’ families settling, nearly all the remaining claims in the civil case are related to economic losses — and it will be tough to win on those claims unless “criminal or intentional conduct” is proven.

Even then, the companies argue, the economic loss claims should be tossed.

That issue is now central to whether a civil trial will ever take place. Bredar will weigh whether to dismiss the economic loss claims or let them proceed to a trial. If the claims survive, Bredar would then consider the status of the criminal case before deciding when to hold the civil trial.

The eleventh-hour delay aggravated Bredar, who pushed the parties to settle rather than go through an expensive, lengthy trial.

“I’m frustrated on behalf of the public, the court,” he said. “The court is poised and ready to try a monthlong, complex civil case.”

On the criminal side, federal prosecutors allege the Key Bridge collapse could have been prevented if Synergy had maintained the ship’s generators properly. Instead, the company used pumps not intended for that job in multiple vessels, the indictment claims. A technical superintendent for the company is accused of removing references to an improperly connected pump from ship records.

The criminal case could take years, and legal experts say the U.S. Department of Justice faces an uphill battle.

Madeleine O’Neill is a freelance reporter in Baltimore.