Disclaims Crash Liability: City Seeks to Limit Its Ferry Payouts

Disclaims Crash Liability
City Seeks to Limit Its Ferry Payouts

MICHAEL A. CARDOZO: Shouldn't fault city. A request by the Law Department to limit the city's liability in the October 2003 Staten Island ferry crash that killed 11 passengers and maimed dozens of others has been put on hold until next week pending further legal discussion.

Chief Judge Edward R. Korman of U.S. District Court in Brooklyn is considering the city's request to place a cap of less than $15 million on damages that could be paid to crash survivors and victims' families.

Can Seek Jury Trial

After hearing from city lawyers and lawyers for the plaintiffs Jan. 9, the judge gave the parties two weeks to submit any additional affidavits, and to choose between a full trial and a paper trial. A full trial would involve a jury, while a paper trial consists mainly of affidavits that the judge considers before making a ruling.

The Law Department, in asking for a cap on any potential awards given to plaintiffs, has not acknowledged any responsibility for the accident. It plans to vigorously defend the city against the more-than 190 civil lawsuits seeking $3.3 billion in damages that have been filed since the accident occurred.

RICHARD J. SMITH: An 18-month jail term. "This was a tragic accident, and we continue to extend our heartfelt condolences to those who suffered as a result of this tragedy," Corporation Counsel Michael A. Cardozo said in a written statement released last week.

"We believe that the city's submissions demonstrate that under applicable legal requirements and industry practices, it was not negligent. The Coast Guard does not require that there be two licensed pilots in the pilot house and such a rule is not the industry practice," he continued.

Count on Maritime Law

In the event the city is found negligent, the Law Department is hoping to cap damages. The city has cited a 19th-Century maritime law that would limit all awards to the value of the vessel - which in this case would amount to $14.4 million, the appraised worth of the Andrew J. Barberi. Imposing a liability limitation would hinge on how much the city knew about the cause of the crash or contributed to it.

Jan. 9 was also the sentencing date for the two men deemed responsible for the accident. Assistant Captain Richard J. Smith, who blacked out at the helm as the ferry approached the dock, received 18 months' prison time.

Patrick Ryan, Director of Ferry Operations, was not on the vessel at the time of the crash but was charged with failing to enforce a Department of Transportation policy requiring two pilots in the wheelhouse during a ferry's docking. He was sentenced to a year and a day in prison.

The city has maintained that Mr. Ryan was a loyal and valued employee, and that the absence of a Coast Guard regulation demanding two people helm ferries while docking superceded the DOT guideline suggesting such a rule be enforced.

Both Took Pleas

Mr. Ryan pleaded guilty to the charge against him, as did Mr. Smith, who faced 11 counts of seaman's manslaughter.

Michael J. Gansas, the ferry captain who had been accused of making false statements, has had those charges deferred while he cooperates with authorities.

The Law Department wouldn't comment on why DOT chose to maintain the two-pilot rule even though it wasn't required by the Coast Guard, but Mr. Cardozo's statement said that "the discharge of the Deckhand as the ferry approached the end of its run was not inconsistent with the practice in the industry of governing law."

Mr. Ryan's admission of guilt and subsequent prison sentence will not affect the Law Department's attempt to defend the city. Judge Korman specifically stated that the city was not "in privity" with Mr. Ryan, meaning the city's interests were distinct from his.

A sentencing report solicited by Judge Korman and made public the week before Mr. Smith and Mr. Ryan were sentenced said the "lion's share" of the blame rested with DOT.

The report, written by Chief Probationary Officer of the Eastern District, Tony Garoppolo, an acknowledged expert on sentencing guidelines, recommended giving Mr. Smith and Mr. Ryan sentences of less than six months. He pinned most of the responsibility on DOT Commissioner Iris Weinshall and her Assistant Commissioner for Municipal Ferry Operations, Joseph Albano.

Mr. Albano, a former street signal installer and longtime DOT manager, had no maritime training, Mr. Garoppolo noted. And Mr. Ryan, who was promoted into a supervisory position by Mr. Albano, had plenty of maritime experience, but very little in management.

The probation report said there was a "closely connected web of responsibility within DOT for this accident."