HOUSTON – On a foggy day in March of 2014, two ships collided in the Houston Ship Channel, and nearly 170,000 gallons of fuel oil spilled into lower Galveston Bay and eventually washed ashore. Two crew members also spent a night in the hospital after inhaling some of the vapors. More than a year later, questions remain as to who exactly was at fault for causing the collision.
Federal officials reported that the damage from the accident totaled more than $1.3 million, excluding oil spill response and recovery efforts.
"It caused a lot of havoc for businesses," said Houston attorney Anthony Buzbee. "Nobody was going to Galveston to eat fish."
Buzbee represents more than 1,000 clients who've filed suit in federal court over this spill.
On March 22, 2014, a bulk carrier christened the Summer Wind collided with the Miss Susan -- a towing vessel hauling two barges loaded with fuel oil. Federal investigators reported the collision happened when the Miss Susan entered the Ship Channel and crossed in front of the Summer Wind as it was heading toward Houston.
At the helm of the Miss Susan that day was Capt. Kelli Hartman, who works for Kirby Inland Marine. Channel 2 Investigates obtained a deposition of Hartman taken as part of the ongoing litigation against the companies involved in the spill.
"Were you responsible for the collision that we're here to talk about?" Buzbee asked Hartman during the deposition.
"No," she answered.
Buzbee then asked Hartman why she left the docks at the time she got underway. Coast Guard officials reported the conditions the day of the accident were foggy, with limited visibility. Hartman testified she was going from Texas City to Bolivar.
"There was no time pressure for you to leave, was there?" asked Buzbee.
"No, there wasn't," Hartman said.
"Nobody was telling you you had to be at any particular place at any particular time; is that true?" Buzbee said.
"That is true," said Hartman.
In the deposition it appears Galveston was the final destination for the fuel oil being hauled by the Miss Susan.
"There was no reason, there was no reason for (her) to cross the Ship Channel that day," Buzbee said during an interview with KPRC 2.
Hartman testified she notified other boats over maritime radio of her intentions of crossing into the channel. Hartman said she was aware the Summer Wind was transiting the channel, but believed at their respective speeds and distance she could cross into the channel with plenty of room. However, Hartman claims the Summer Wind sped up.
"It's kind of like saying, 'I walked out into the crosswalk when the light was green, I thought I could make it but the car sped up,'" Buzbee said an interview with KPRC 2.
According to federal investigators, the two vessels never spoke directly to one another until they were less than a mile apart.
"Well, if you keep on going, I'm going to get you," the pilot of the Summer Wind is heard saying to the Miss Susan on recorded radio transmissions. "Yeah, it don't look good. You need to keep backing it down hard as you can."
During the deposition, Buzbee also questioned Hartman's past.
"This person had previously been fired by Kirby, one of Kirby's affiliates," Buzbee said.
Buzbee questioned Hartman about being fired, then rehired, by Kirby as well as 15 other incidents before the 2014 collision. According to testimony, one of those incidents involved Hartman running a vessel aground into a coral reef.
Hartman defended herself, saying most of the incidents Buzbee pointed out were minor. She also repeatedly denies the collision last year was her fault.
A preliminary ruling by the National Transportation Safety Board released in June reads, "The probable cause of the collision was the Miss Susan captain's attempt to cross the Houston Ship Channel ahead of the Summer Wind, thereby impeding the passage of the bulk carrier, which could only transit within the confines of the channel."
The NTSB report further states the Miss Susan's captain "disregarded" navigation rules that require vessels not to impede the transit of other vessels that can only move within a "channel or fairway."
Hartman's attorney declined to comment on her testimony.
The NTSB did also list the Summer Wind's speed as a contributing factor to the collision. NTSB investigators noted the Summer Wind should have been transiting at a slower speed, given limited visibility and other vessels in the area. During Coast Guard hearings on the accident, Capt. Michael Pizzitola testified the Summer Wind's speed was set in order to properly maneuver in "an unusually strong flood tide."
The NTSB faulted both vessel captains for not establishing radio contact earlier.
An attorney for Sea Galaxy Marine, which owns the Summer Wind, and Cleopatra Shipping declined to comment on the pending litigation.
The NTSB also faulted officials with the Coast Guard's Vessel Traffic Service for not closely monitoring the Summer Wind and Miss Susan, and for not doing more to help the vessels avoid a collision. The Coast Guard has yet to issue its final report on the accident.
Kirby officials declined to comment on the pending litigation, but noted the company spent more than $85 million for oil spill cleanup and response. Federal law states that the party responsible for the oil at the time of the spill is also responsible for incurring the cost of the cleanup.