O'Bryan Baun Cohen Kubler

The injured and the families of the 14 people killed in the May 26 bridge collapse would be unable to receive more than a combined total of about $1.2 million for their losses if a judge approves the petition filed Monday by Magnolia Marine Transport Co.

If the petition succeeds, that total also would apply in case the state and federal governments seek monetary damages for the bridge.

"We filed a petition for exoneration and/or limitation of liability this morning, pursuant to federal statutes," said Joel Henderson, Magnolia Marine's attorney.

Magnolia hopes to be vindicated in the accident. Then it would not have to pay families or survivors or for bridge repairs.

Even if it isn't exonerated, the company wants its liability limited to the value of the towboat and freight, Henderson said.

Limitation of liability is a quirk of maritime law that has been in effect since the 1800s to encourage investment in shipping.

The Limitation Of Liability Act states if an accident occurs and the company proves that it wasn't negligent, the company can limit its liability to the value of the boat involved, said Dennis O'Bryan, with Rivermen's Legal Network in Birmingham, Mich.

"These people aren't even buried yet and they're... trying to get off the hook," O'Bryan said of the barge company.

Kay Blandford, a friend of Maggie Green and Gail Shanahan, Texas horsewomen killed in the bridge accident, said she is furious over the company's petition.

"That's not enough money. It's never going to be. It's never going to provide the comfort they need - not for any of those families," said Blandford, of Sutherland Springs, Texas.

"I thought, thank God those people will be taken care of. Maggie was the sole provider. Her granddaughter depended on her. Now these people are saying no."

In a related development Monday, Oklahoma City attorneys filed a lawsuit in Muskogee County District Court on behalf of Jim Johnson, his wife, Misty Johnson, and their 3-year-old daughter, Shae. All three were killed in the bridge collapse.

The lawsuit alleges the pilot of the Robert Y. Love towboat had only a total of 10 hours sleep in two days and was fatigued at the time. The towboat had previously hit another bridge and was involved in another near miss because of steering problems, the lawsuit claims.

The towboat was worth $1.2 million on the day of the accident, according to a marine surveyor's estimate included in Magnolia's petition. The value of the freight charge was $23,200, according to the petition filed in federal court in Jackson, Miss.

A barge being pushed by the towboat piloted by William Joe Dedmon hit a bridge support and collapsed a 580-foot section into the Arkansas River. Dedmon told investigators he apparently hit the bridge when he blacked out for about five minutes.

Fourteen people died and five survived the accident. One survivor, truck driver Rodney Tidwell of Ripley, Miss., has retained an attorney who has contacted Henderson.

"We're not aware of any actual lawsuits. We've got a written notice that will occur," Henderson said. "In due course, we'll know about all the claims."

The way for victims' survivors or injured to defeat limitation of liability is to prove in court the towboat owner either knew about, should have known about or participated in a condition that led to the accident, said Philip Bohrer, a maritime lawyer in Baton Rouge, La.

The company likely would get limitation of liability if it is shown that the towboat left port with a fully adequate captain and crew in a recently inspected boat, with the accident caused by something unforeseen such as the captain steering into the bridge, falling asleep at the wheel or suffering a medical problem, Bohrer said.

The company had the option to file for limitation of liability in Oklahoma, where it happened, or Mississippi, where the company is based.

"What this does, it makes everyone that's been injured answer and file suit and show up in Jackson, Miss.," Bohrer said.

Magnolia Marine owns about 15 towboats and more than 60 barges, according to the Web site of its parent company, Ergon Inc. of Jackson, Miss.