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Feb 26, 2007 3:01 pm US/Eastern
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Judge Denies Effort To Limit Ferry Crash Damages
BROOKLYN (CBS/AP) ―
Dealing a potential blow to the city's pocketbook, a federal judge on Monday refused to limit liability claims from the 2003 Staten Island ferry crash that killed 11 people, one of the worst mass-transit disasters in city history.
The city had sought to cap damages on outstanding cases at $14.4 million -- the value of the vessel Andrew J. Barberi -- based on a 19th century maritime statute. Though many of the ferry lawsuits have already been settled, dozens of plaintiffs are still seeking tens of millions of dollars in damages.
"There are no more excuses," Kathy Healy, whose husband John died in the tragedy, said at a news conference outside the courthouse. "I'm hoping the city will step up to the plate and do the right thing."
City officials said they were considering an appeal.
The civil cases stem from a gusty afternoon on New York Harbor in Oct. 15, 2003, when the Barberi set out on a routine run from lower Manhattan with about 1,500 passengers and Assistant Capt. Richard Smith alone in the wheelhouse.
As the vessel approached Staten Island, Smith -- suffering from extreme fatigue and on painkillers -- blacked out. The ship drifted and hit a concrete maintenance pier at full speed, killing the 11 people and leaving dozens of other passengers maimed and injured amid shredded metal and broken glass.
Pleading guilty to negligent manslaughter in 2005, ferry director Patrick Ryan, the top-ranking city official charged in the crash, admitted he failed to implement or enforce a rule requiring two pilots during docking.
"Under the circumstances here, enforcing the rule was cost free and the city's failure to do so constituted a breach of the duty of care owed Barberi's passengers, who entrusted their safety to the city," wrote U.S. District Judge Edward Korman in Brooklyn.
Added Korman: "Because this negligence is directly attributable to its director of ferry operations, the city cannot limit its liability to the value of the Barberi."
Michael A. Cardozo, New York City corporation counsel, disagreed with the decision, saying the crash was unforeseeable.
"We are disappointed by the court's ruling," Cardozo said. "This was a terrible tragedy, and our hearts go out to those affected by the accident. The accident occurred, however, because (Smith) took over the operation and navigation of the ferry when he was unfit to do so, and did not disclose that fact to anyone."
Of the more than 180 claims filed after the crash, 119 have been settled for a total of $27.6 million and two were discontinued, city officials said. Sixty-five claims are pending.
Smith was sentenced to 18 months in prison after pleading guilty to negligent manslaughter and lying to investigators. Ryan received a year and one day.
(© 2007 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)