Filing alleges negligence and seeks tanker’s seizure and sale

The Port of New Orleans’ federal lawsuit over Friday’s collision on the Mississippi River names Thome Ship Management Pte Ltd as the management company of the tanker M/V Atlantic Asphalt, alongside its owner, Nave Shipping SA. The filing was submitted Friday in the Eastern District of Louisiana court.

The lawsuit alleges that the collision “occurred as a result of the negligence, gross negligence, fault or carelessness” of the ship and operating companies, and that the tanker and the companies failed “to use all available means to avoid the risk” of colliding with the riverboat.

The filing asks a judge to seize and sell the tanker to pay for the damage. The port is seeking money to cover cleanup, inspections, repairs and other expenses, and the court documents say the port terminal “was significantly damaged” in the incident. Officials are still investigating the full extent of the damage from the crash, as well as the cause.

Thome Ship Management said in a statement on Saturday that the crew of the Atlantic Asphalt were safe and accounted for. “OSM Thome is fully complying with the local authorities as they carry out the necessary investigations,” the company said.

Nave Shipping is a subsidiary of the China State Shipbuilding Corporation, which was contacted for comment. Thome Ship Management was also contacted before it issued its statement.

The tanker struck the paddlewheel cruise ship American Heritage on Friday afternoon, leaving the riverboat on its side and partially submerged in the Mississippi River. The port authority said there were about 129 passengers, in addition to crew members, on the American Heritage at the time of the collision. More than 100 passengers were rescued from the river, and 32 people from the stricken riverboat were taken to hospital with non-critical injuries. No one was unaccounted for. Officials hailed the outcome as a “miracle on the Mississippi”.

Tugboat operators, police and other rescuers rushed to help while officials shut down traffic in the Mississippi River during the rescue effort. The American Heritage had been finishing an eight-day cruise calling at destinations in Louisiana and Mississippi along the waterway.

The exact cause of the crash remains under investigation. US Coast Guard Capt Melanie Burnham said: “There seems to be some type of a loss of steering.” Investigators are still examining both the cause and the full extent of the damage.