MOL and US DOJ Reach Settlement for $8M Pier Damages Caused by Cruise Ship

More than five years after Mitsui O.S.K. Line’s cruise ship Nippon Maru caused significant damage to a U.S. fueling berth in Apra Harbor, Gaum, a settlement has been reached. The U.S. had brought a lawsuit in 2023 seeking to arrest and sell the cruise ship to satisfy the claim for damages.

The case was complicated by the findings of the National Transportation Safety Board and the U.S. Coast Guard which reported the master of the cruise ship was “under the influence of alcohol.” The legal case reported a confirmatory positive breath alcohol test over the statutory limit. 

The 22,500 gross ton cruise ship registered in Japan was maneuvering away from the berth on December 20, 2018, with 524 passengers and 244 crew aboard. The lawsuit filed in March 2023 contended that the master of the cruise ship failed to “exercise such care and skill in navigation” resulting in the ship striking the dock. They said the master failed to conduct a formal master/pilot exchange, failed to keep radio contact with the assisting tugs, and to maintain situational awareness during his navigation.

The ship suffered a 5-foot-by 7-foot gash in the stern quarter above the waterline exposing the interior of the ship. It took till January 11, 2019, to complete repairs so that the ship could depart. The pier suffered extensive damage which the U.S. Navy said amounted to at least $8 million.

The National Transportation Safety Board determined that the probable cause of the incident was alcohol impairment of the master while he conned the vessel, resulting in an errant astern engine input. They also noted that all the communication between the master and his officers was in Japanese despite the fact the pilot from Guam spoke no Japanese. After the allision, the pilot said he had not been close enough to the master before the incident but afterward smelled alcohol. The master admitted that he had consumed alcohol but based on the blood testing the NTSB concluded, that it was “likely that the master consumed more alcoholic beverages than he reported.”

The U.S. had conducted several rounds of settlement talks before filing suit. The judge conducted a final attempt on September 5 before a planned trial. The U.S. Attorney’s office later filed a motion to delay the trial reporting a tentative settlement has been reached. No details or dollar amount was reported. They said it would take approximately 30 days to obtain final approval from Washington D.C. for the settlement.