Transportation Cabinet clarifies claim against Foss Maritime
Jan 03, 2013 | 2844 views | 0 0 comments | 11 11 recommendations | email to a friend | print
Tribune-Courier file photo
Tribune-Courier file photo
PADUCAH — The state of Kentucky has not filed a lawsuit against Foss Maritime, operators of the MV Delta Mariner.

Other media outlets reported the state filed suit against Foss. Keith Todd, public information officer for the Kentucky Transportation Cabinet, said Foss filed a document listing potential claims in an effort to limit its liability for the collision.

The other outlets listed lawsuits of $7.1 million from the state of Kentucky, $59,000 from a telecommunications company, and $33,000 against Foss.

Foss Maritime spokeswoman Suzanne Lagoni said these items were not claims, but listed as casualties in the collision in a motion made by Foss in February. This motion made in federal court was a request for a ruling to absolve Foss of any responsibility for the collision. No ruling has been made on that motion.

Chuck Wolfe of the Kentucky Department of Transportation in Frankfort said a response to this motion was made by the state on December 4.

The ship struck the Eggners Ferry Bridge nearly a year ago destroying a bridge span. The span was replaced shortly before Memorial Day.

At hearings in May before the U.S. Coast Guard and National Transportation Safety Board, Foss personnel blamed improper navigation lights on the bridge for the collision. Transportation Cabinet personnel acknowledged an ongoing problem with navigational lighting.

Hearing officers also pressed watch personnel on the Delta Mariner about usage of navigational tools including charts and digital aids. Some of the crew said the lights were their only cue. The ship struck the bridge when passing under a span outside the navigational channel.

Coast Guard personnel have said the report with findings would be released in the New Year.

“We've been wondering when the report would be released ourselves,” Lagoni said.
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