The operators of a tanker contracted by the U.S. military that was struck by a Portuguese-flagged container ship off England’s coast filed suit Monday in a London court, according to Reuters.
Crowley-Stena Marine Solutions and Stena Bulk Marine Services (USA) are suing MS Solong Schiffahrtsgesellschaft M&Co. KG, a subsidiary of the owner of the container ship Solong, shipping company Ernst Russ.
One member of the crew of the Solong is missing and presumed dead after the March 10 accident, the news agency reported, and the Solong’s captain has been arrested and charged with gross negligence manslaughter.
The anchored tanker Stena Immaculate, operated by Crowley, was carrying jet fuel for U.S. war planes when it was struck by the Solong, Reuters reported. Dozens of crew members were rescued from the burning ships, and one was hospitalized, according to Agence France-Presse.
The Evening Standard reported that ruptured containers on the Solong released thousands of plastic pellets used for producing plastics. The pellets can harm animals that ingest them. One of the Immaculate’s tanks was damaged and spilled jet fuel into the North Sea. News accounts said more than 200,000 tons of fuel from the damaged ship is being transferred to another ship.
The suit was filed at London’s High Court. Damages sought were not specified.
Crowley directed questions to investigators but previously said it was working with authorities to respond to the spill.
Ernst Russ sent the following statement in response to an email request for comment from FreightWaves:
“The North Sea collision and subsequent fire that involved the container vessel SOLONG caused substantial damage to both vessels.
“We remain mindful of the loss of a seafarer in this incident, and such a loss felt by the family of Mark Angelo Pernia, his friends and maritime colleagues.
“It became clear to us as Owners, and all those involved in the salvage operation, that SOLONG was critically damaged in the collision and fire, and consequently Ernst Russ has sought a port of refuge for SOLONG in Aberdeen [Scotland], to bring her to safety, undertake expert assessment of the damage sustained and deal with damaged containers and cargo on board. Whilst the SOLONG is likely to be a Total Loss due to the severe damage, Ernst Russ and their insurers remain committed to the safe conclusion of this tragic incident. Ernst Russ are also very grateful to the Port of Aberdeen for accommodating the stricken vessel.
“Given the substantial damage arising from the collision, it follows that the company is setting up a fund in the Admiralty Court in London. This ‘limitation fund’, is then available for parties who have verified claims against SOLONG’s Owner.
“The incident occurred in territorial waters of the UK and there are interested parties and potential claimants residing in the UK, such as public authorities, hence the setting up of a fund in the UK is the most appropriate way forward.
“Owners of the SOLONG are seeking to face claims and ensure a fund is available for any proven claims. This is usual process for large maritime casualties and the fund provides necessary security for potential claimants’ claims.
“Meanwhile Ernst Russ continues to offer all necessary assistance in support of the ongoing investigations.”
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