Eight Dali crew members can go home, will be deposed later under last-minute deal


Legal obstacles are now cleared to allow crew members of the cargo ship that destroyed the Francis Scott Key Bridge to return home after 12 weeks stuck aboard the vessel.

A court hearing Thursday morning confirmed that the army of lawyers involved in litigation surrounding the crash reached an agreement late yesterday that will permit eight members of the crew to leave the United States and be deposed at a later date.

The hearing was scheduled originally in response to emergency motions from the city of Baltimore and another party, both of which have claims against the cargo ship Dali and raised concerns after learning this week that eight crew members could be leaving the country as soon as Thursday.

Both parties ultimately withdrew their request and indicated they were able to reach a deal: The lawyers for the ship’s owner and manager will guarantee that the crew members will appear for depositions later, possibly in London. The crew members who received permission to return to their home countries include a cook, several seamen, a fitter, an oiler and a general steward, now may be able to fly home.

The exact timeline for their departure remained unclear Thursday morning after two days of legal wrangling.

Thursday’s hearing included seven government lawyers from various agencies, including the U.S. Department of Justice and the National Transportation Safety Board. None spoke at the hearing, where Senior U.S. District Judge James K. Bredar reaffirmed that an agreement had been reached and asked the lawyers to be as efficient as possible.

Thursday’s hearing could have been avoided entirely if the lawyers for one of the claimants had withdrawn their emergency motion last night instead of this morning, said Bredar, addressing attorneys William H. “Billy” Murphy and Jason P. Foster.

“How are we going to conduct this very complex and potentially lengthy proceeding in the coming months and years?” Bredar asked. “My aspiration is that we’re going to do so efficiently and with every lawyer bringing their A-game and being conscious of the fact that the actions they take or don’t take have consequences.”

After the hearing, Murphy said he was satisfied the emergency was resolved.

“We’re happy that we were able to file the emergency motion and cause the agreement to be made,” Murphy said.

His team filed the withdrawal as quickly as they could, he said, and was still in negotiations as late as this morning.

Murphy’s client in the litigation, Damon Davis, has not yet filed his claim against the Dali. Murphy declined to describe his client’s connection to the case Thursday, saying Davis is suffering from post-traumatic stress disorder and does not want publicity.

The vessel struck the Key Bridge early on the morning of March 26, collapsing the span into the Patapsco River and killing six members of a crew who were doing road work on the bridge. The accident closed the Port of Baltimore to all vessel traffic for weeks. It wasn’t fully reopened until earlier this month.

The ship’s owner and manager, both companies based in Singapore, quickly filed a limitation of liability action in federal court aimed at capping the amount of damages they could be forced to pay at about $43 million, roughly the salvage value of the Dali and its cargo.

The Dali remained pinned under the Key Bridge until last month, when it was refloated and moved to Seagirt Marine Terminal. The massive ship and its crew, who are from India and Sri Lanka, have remained there since, though it could be moved to Norfolk, Virginia, for more repairs as early as Friday.

This story will be updated.

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