The families of the two firefighters who died while fighting a fire on a Grimaldi Group-operated ro-ro off New Jersey plan to sue all parties found responsible for the early July blaze.
Grimaldi Deep Sea-operated, 3,950-lane-metre Grande Costa d’Avorio (built 2011) sustained an extensive fire on its upper levels on 5 July while stevedores were finishing loading 1,200 used cars and 157 containers in Port Newark.
The fire, which was fought by fire departments from Newark, New Jersey, and New York City, resulted in the deaths of Newark firefighters Wayne Brooks and Augusto Acabou.
“We anticipate bringing suit against all parties responsible for the events surrounding the July 5, 2023, incident and will need the materials the court has already directed be produced, as well as access to the vessel,” attorneys for the families said in documents filed on Friday with New Jersey district court.
The warning came after American Maritime Services (AMS), a New Jersey-based stevedoring service, filed a petition in court on 1 August asking that the Jeep, a Toyota and the ship’s firefighting equipment be left as is until AMS can conduct its own inspection.
“We respectfully submit this letter to provide the court with notice of our clients’ interest in this matter and preserve their right to participate in the discovery requested by AMS and already granted by this court,” attorneys for the firefighters’ families said in court documents.
“Accordingly, we are filing the enclosed notice of appearance and ask that we be included in the exchange of information and granted the same access and participation rights as petitioner as well as any future rights relating to any additional orders granted by your Honor.”
In an 8 August response that opposed the petition, Grimaldi Group singled out the Jeep, which was pushing a non-running Toyota, as the possible origin of the blaze, which is being investigated by several federal agencies.
The Grimaldi Deep Sea parent opposed the petition on the grounds that AMS has already inspected the fire-damaged ship and cannot detain 16 crew members for deposition, and repairs are already underway and will be finished in the Mediterranean Sea.
But on 16 August, district judge Evelyn Padin granted the petition to AMS and ordered that the ship and remaining crew members stay in the court’s jurisdiction until further notice, according to documents.
The judge also ordered that Grimaldi, AMS and Ports America reach a resolution on vessel inspection by 25 August and exchange all requested documents by 29 September.
She also told the Port Authority of New York and New Jersey to ask the City of Newark to identify any other parties that may seek to participate in the case.
She also ordered on Monday that AMS, Grimaldi and all other interested partners coordinate discovery, or evidence gathering, with the City of Newark and lawyers for the families of the firefighters’ families.
