A judge said on Wednesday that the owner of an oil tanker must pay the US $44.6 million over its role in a 2017 collision with an American naval destroyer in South-East Asia that killed 10 sailors and injured dozens more.
US District Judge Paul Crotty in Manhattan found Energetic Tank Inc 20 per cent responsible and the US 80 per cent responsible for the collision between the 39,000-tonne Alnic tanker and the USS John S McCain.
Both vessels had been cruising alongside each other when the McCain, a guided-missile destroyer nearing Singapore for a routine port call, veered left.
The bow of the Alnic pierced the McCain's broadside, causing the destroyer to flood.
Energetic Tank, which court papers say has an office in Monrovia, Liberia, sought to hold the US responsible for the collision, which caused damage of $185m to the McCain and $442,445 to the Alnic.
The US conceded that the McCain bore some blame, but said that the Alnic also played a role. Mr Crotty ruled after a non-jury trial last November.
The $44.6m includes interest.
In the absence of objections, a second trial will apportion the money to victims and their families, the judge said. Forty-one wrongful death or personal injury claims were filed.
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The USNS Amelia Earhart, an American naval cargo ship, seen from the hangar of the USS George HW Bush aircraft carrier on March 22, 2017 in the Arabian Gulf. The two ships are sailing in parallel, maintaining a constant speed of around 10-12 knots as the USNS Earhart supplies the USS Bush with fuel for its aircraft, as well as food and other cargo. -
US naval mechanics working on a warplane in the aircraft hanger on March 21, 2017 as the carrier transits the Strait of Hormuz. -
Mail and packages delivered to the USS George HW Bush on March 22, 2017. -
The USS George HW Bush transiting the Mediterranean Sea on February 21, 2017 while launching strikes on ISIL targets. Courtesy Mass Communication Specialist 3rd Class Daniel Gaither / US navy -
The USNS Amelia Earhart cargo ship in the Arabian Gulf on March 22, 2017 supplying the USS George HW Bush with fuel for its aircraft. -
US navy Rear Admiral Kenneth Whitesell, who heads the USS George HW Bush’s carrier strike group, is pictured in the ship’s hangar as it sails through the Strait of Hormuz on March 21, 2017. -
US navy Captain Will Pennington, the commanding officer of the USS George HW Bush, in the bridge of the aircraft carrier on March 21, 2017. -
The flight deck of the USS George HW Bush is pictured as the aircraft carrier transits the Arabian Gulf on March 21, 2017. -
Mops are pictured on the USS George HW Bush’s ‘Vulture’s Row’ - a viewing platform from where operations on the flight deck can be observed. -
US navy Yeoman Third Class Juliana Brito, 21, an administrator on board the USS George HW Bush in the ship’s hangar. -
US navy Petty Officer First Class Marshall Tripp, 23, a diesel mechanic on the aircraft carrier. -
A view of the USS George HW Bush’s flight deck from inside the Primary Flight Control room. The Flight Control team takes note of what goes on on the flight deck by scribbling on the windows in marker pen. -
The USS George HW Bush performs a passing exercise in the Mediterranean Sea on March 5, 2017 with the guided-missile cruiser USS Philippine Sea and the Greek navy’s Elli-class frigate HN Kountouriotis. Courtesy Mass Communication Specialist 3rd Class Michael B Zingaro / US navy -
An empty Starbucks cup in the Primary Flight Control room of the USS George HW Bush on March 20, 2017. The ship has its own Starbucks counter which is manned by US naval sailors who have received barista training from the American coffee shop company. -
‘Mini Boss’, the deputy head of the team manning the Primary Flight Control room. -
View from inside the Primary Flight Control room. The ‘Mini’ mentioned in the drawing refers to ‘Mini Boss’, the deputy head of the team manning the room. Banter is encouraged on board the ship and plays a central role in many working relationships. -
The United Nations VIP ‘suite’ aboard the USS George HW Bush. Each of the carrier’s VIP cabins are named for a different role held by its namesake; this one refers to the former president’s time as US ambassador to the United Nations. -
The bookshelf in the United Nations suite aboard the USS George HW Bush aircraft carrier. -
US naval mechanics working on a warplane in the aircraft hanger. -
A combat jet seen in the hangar of the USS George HW Bush on March 22, 2017.
Neither lawyers for Energetic Tank nor the US Department of Justice immediately responded to requests for comment.
Paul Hofmann, a lawyer for some of the claimants, said the "well-considered" decision will prove "some level of recompense" for sailors and families who suffered grievous injuries.
In 2019, the National Transportation Safety Board said the probable cause of the collision was "a lack of effective operational oversight of the destroyer by the US Navy, which resulted in insufficient training and inadequate bridge operating procedures”. It recommended several safety measures.
