Facts

M/V Cosco Busan, a container ship, collided with the Delta Tower of the Bay Bridge on Nov. 7, 2007, tearing a gash in the side of the ship. The gash caused approximately 53,000 gallons of highly toxic bunker fuel to leak into the San Francisco Bay.

PLAINTIFF'S CONTENTIONS:
Allen Loretz filed a class action suit on behalf of dungeness crab skippers and crewmembers against Regal Stone Ltd. and Fleet Management Ltd., the ships owner and operator, as well as the ship's pilot, John Cota. The class alleged violations of the California Lempert-Keene-Seastrand Oil Prevention and Response Act, strict liability, negligence, nuisance, and various other claims. The class alleged the oil spills caused the closure of various commercial fisheries, causing economic injuries. The further contended that the pilot of the ship, and its crew, acted with willful disregard for the welfare of others.

DEFENDANT'S CONTENTIONS:
The defense contended that the class did not suffer actual injury as a result of the spill, nor could they establish future damages.

Damages

The class sought recovery for economic injury, punitive damages, as well as interest, costs, and attorney fees.

Result

The parties reached a settlement for $1,584,764.90. $1,352,528.80 of that amount was for the attorney fees that were paid to class counsel. The settlement payments made to crab fishermen totaled $252,236.13.