Employer, Workers’ Compensation 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 Key Bridge collapse in Baltimore, along with its workers’ compensation carrier, have filed complaints against the owner and operator of the Dali freighter responsible of tragedy. .

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

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

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

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

Brawner provides 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 that provides workers’ compensation coverage and insures 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 filed workers’ compensation claims yet. Zurich American says it will investigate and pay all benefits the families are entitled to.

The survivor’s story

The surviving worker, Cervantes Suarez, identified as Cervantes in his legal filing, and his wife also filed a lawsuit against Grace Ocean and Synergy, citing injuries.

When the dahlia struck the Key Bridge, large portions of the bridge collapsed and began to fall into the Patapsco River below. Cervantes says he watched helplessly as his nephew, brother-in-law and other co-workers fell into the darkness, even before the ground beneath him.

According to his account in his legal complaint, after falling off the bridge, Cervantes’ truck landed vertically in the Patapsco River with him still inside and then began to fill with cold water until it was over his head. He managed to escape through the front door window 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 his strength and determination to make his way to a nearby pile of concrete, where he was later rescued.”

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

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

While the suits target the owner and operator of the vessel, Brawner himself has also come under scrutiny. The Associated Press reported that the deaths of the six workers raised questions about whether the construction company took adequate safety precautions. Federal Occupational Safety and Health Administration (OSHA) regulations require construction firms working across waterways to have a safety boat available to be used to warn and rescue workers. It is not clear if Brawner had a skiff available or if that would have made a difference in this case.

Construction workers were given little warning when the Baltimore Bridge collapsed. Why?

In addition to taking the lives of six people, the bridge collapse destroyed property in Baltimore, disrupted traffic routes and shut down the region’s main economic engine.

Brawner’s workers’ compensation lawsuit is one of several that claim the owner and operator of Dali should be held liable for the tragedy. The parties who have filed lawsuits for damages include the families of the dead workers, the city of Baltimore, the state of Maryland, the US government, a road supervisor who had to step aside, farmhands seeking lost wages and a small business that was affected. by closing the port that filed a class action.

Grace Ocean and Synergy argue that they should not be held liable for any loss or damage caused by the disaster. But if they are found liable, their liability should be limited under maritime law to no more than the present value of the ship and its cargo after the accident, or $43.7 million. Before the crash, the value of the ship was about $90 million.

The Federal Bureau of Investigation also has an ongoing criminal investigation into the accident. The National Transportation Safety Board, which issued a preliminary report, is conducting a deeper investigation.

Top photo: Baltimore Key Bridge rescue operation underway.