Parker Waichman LLP

Mississippi River Oil Spill Hearing Finally Ends

Coast Guard Hearing Into Mississippi River Oil Spill. After more than six weeks, the Coast Guard hearing into last summer’s Mississippi River oil spill has come to an end. On Wednesday, its final day, the hearing turned into a blame game, as  attorneys for the towing company, barge owner and tanker involved in the spill all […]

Mississippi River Oil Spill

Coast Guard Hearing Into Mississippi River Oil Spill. After more than six weeks, the Coast Guard hearing into last summer’s Mississippi River oil spill has come to an end.

On Wednesday, its final day, the hearing turned into a blame game, as  attorneys for the towing company, barge owner and tanker involved in the spill all tried to deflect responsibility away from their clients.

The Mississippi River oil spill occurred on July 23 when the Tintomara and a barge -carrying 419,000 gallons of oil – being towed by the tug Mel Oliver collided. The barge split in half, spilling much of its cargo into the river. It is estimated that about 280,000 gallons of oil actually spilled into the Mississippi.  The spill was the worst to ever occur on the lower Mississippi River.

During the hearing, it was confirmed that the Mel Oliver’s captain, Terry Carver, had abandoned his post just days before the spill.  Members of the crew said he had gone ashore on July 20 to deal with a problem with his girlfriend.  Carver had promised to return to the vessel within 18 hours, but never did.  Carver himself refused to testify at the hearing.

John Baveret, the Mel Oliver was being piloted by apprentice mate John Bavaret.  But because he did not hold a proper license, Bavaret should never have been allowed to steer the Mel Oliver without supervision.  Bavaret told the hearing that Carver’s absence forced him to take on both his own duties, and those normally performed by the towboat’s captain.

In addition to Bavaret, only two deckhands were aboard the ship.  Because he was doing double duty, Bavaret testified that he only had time for quick naps on the rare occasions he had down time.

Bavaret Said He Was Awake At The Time Of The Accident

Despite his fatigue, Bavaret said he was awake at the time of the accident, and his claims were backed up by one of the Mel Oliver deckhands.  But the other deckhand aboard the towboat testified that Bavaret may have fallen asleep at the helm.

The spotty safety record of DRD Towing, the company that staffed the Mel Oliver, was also discussed at the hearing.  Shortly after the spill, it was learned that the that pilot of another DRD-staffed tugboat, the Ruby E., had only an apprentice mates license when that vessel sank on July 13, only a few miles from the spill.

It is also known that DRD had failed a safety audit in May, and was facing probation or revocation from the American Waterways Operators, a national trade association for the tugboat, towboat and barge industry.

Marine surveyor James Hawkins, who performed part of that American Waterways Operators  audit, said he recorded 52 infractions by the company, which he described as a significant  compared with the number of offenses he typically finds during similar audits.

Hawkins told the hearing that he expressed his concern to Budwine & Associates, the company hired by   DRD  to perform the audit, and recommended that other vessels owned by the towing company be inspected.  Budwine & Associates pulled Hawkins from the audit and continued without him.

The principle from Budwine & Associates, who said he considered executives at DRD to be his “friends”,  testified  that Hawkins was removed from the safety audit because of tension between him and DRD personnel.

In closing statements yesterday, the attorney for DRD Towing tried to place all of the blame for the spill on Carver and Bavaret.  Bavaret and Carver conspired to deceive DRD Towing and “commit payroll fraud” by covering for each other when they were ashore, the attorney said.

An attorney for American Commercial Lines, the Indiana company that owns the Mel Oliver and barge, also placed blame on Carver and Bavaret.  He asserted the accident happened because Bavaret fell asleep at the helm of the Mel Oliver, a result of fatigue he suffered because of Carver’s absence.  He also called Bavaret’s claim that he lost control of the Mel Oliver and barge after being distracted by malfunctioning radar and jammed steering “baloney”.

Both attorneys also put some blame on the pilot of the Tintomara, which they said was speeding downriver and should have called the Mel Oliver earlier to announce its intention to pass the vessel.

Meanwhile, attorneys for the Tintomara blamed a lack of governmental oversight of the towing industry for the spill.

A draft of the Coast Guard’s final report on the Mississippi River oil spill should be ready by  the end of the year. The document will include a conclusions about what caused the spill, as well as suggestions for new rules that may prevent a similar disaster in the future.

Our Oil Spill Accident lawyers are here to help you when you need it the most.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Kathleen M Snedecor is the Paralegal from Parker Waichman LLP. whom I've had the pleasure of dealing with during the process of my lawsuit. I would highly recommend the Parker Waichman Law firm because of Kathleen's professional, courteous, and prompt response to my calls and questions. Thank you Kathleen and Parker Waichman for all your help.
Michael Sorger
5 years ago
5 Star Reviews 150
Parker Waichman handled the case for my dad who had bed sores.The team was very professional.The paralegal Michele Josama who was assigned to the case was an absolute pleasure to deal with.She was always so helpful in every way.Her patience and kindness was outstanding.Michael Zaransky the attorney on the case was very attentive to all our requests and delivered a result that we were very pleased with.Parker Waichman will certainly be recommended to anyone I know that needs legal assistance!!
richard nissenbaum
5 years ago
5 Star Reviews 150
I have had a very good experience working with Gina Viti and Benita Rollins. They have went above and beyond to assist me, reaching out to me in timely matters. I am very grateful to work with these wonderful ladies.
Lavette Law
10 months ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038