TOTE Facing $100M Lawsuit Over El Faro Sinking, Sediment from Bunker Tanks Linked to Loss of Power

The sinking has been linked to engine failure that may have been caused by churned-up sediment clogging filters.

TOTE Inc. has been hit with a $100 million negligence and wrongful death lawsuit after the El Faro sank with all hands during Hurricane Joaquin at the beginning of the month, Reuters reports.  

The vessel's last distress call on October 1, 2015 reportedly confirmed that the ship had lost engine power off the coast of the Bahamas.

Separate reports have suggested that the engine failure was likely due to sediment buildup in the bunker tanks being churned up in the stormy waters, ultimately clogging filters and leading to a loss of power (LOP).

"The sediment is common in large ships and gets so thick that it's like sludge," said retired mega-yacht captain Terry Pope.

"The result is that the engine shuts down."

In the lawsuit, TOTE has been accused of having "negligently permitted the El Faro to sail out to sea despite being in an unseaworthy condition to handle the conditions of a violent storm."

Attorney Willie E. Gary told reporters that the El Faro had been potentially undergoing mechanical repairs and had other problems prior to leaving dock.

Questions of why Captain Michael Davidson would decide to sail the route despite an approaching hurricane have also reportedly been swirling. 

All 33 crew members are reportedly presumed dead, with search and rescue efforts from the U.S. Coast Guard having reportedly been called off after only one body was recovered.

In a statement, TOTE Maritime reportedly affirmed that it was "fully focused on supporting the families and their loved ones."

Tote Services President Phil Greene also reportedly defended Captain Davidson in separate reports, having said that there had been a "sound plan that would have enabled him to clearly pass around the storm with a margin of comfort that was adequate in his professional opinion," though the plan was ultimately thwarted when the engine failed. 

At the time, the U.S. National Weather Service also downgraded the possibility that Hurricane Joaquin would impact oil & gas infrastructure along the U.S. East coast.