Monday, February 26, 2007

Liabilities

The City of New York cannot limit its liability for the injuries and deaths as a result of the Staten Island Ferry crash that killed 11 and wounded more than 100 others:
A federal judge ruled today that New York City is fully liable for damages in the 2003 crash of the Staten Island ferry, rejecting the city’s attempt to cap its liability at $14 million.

The ruling exposes the city to tens of millions of dollars in damage awards to relatives of those killed and to the scores of people injured when the Andrew J. Barberi crashed into a maintenance pier while landing at the Staten Island ferry terminal on Oct. 15, 2003.

The city had argued that the accident was covered by a 19th century maritime law limiting a boat owner’s liability to the value of the boat — in this case $14 million.

Of the 11 people killed in the crash, the estates of only two have reached settlements with the city, for $3 million and $450,000, said lawyers for the plaintiffs.

The amounts of those settlements were held down, the lawyers said, by the city’s arguments that if it succeeded in capping the liability, the plaintiffs stood to win relatively little.

“The courthouse door is now open for all of the claimants to get just and proper compensation,” said Anthony Bisignano, the lawyer for 10 of the approximately 100 remaining plaintiffs. Mr. Bisignano said that in addition to the nine death claims that remain unsettled, there are many outstanding claims from passengers with serious injuries, including amputations and paralysis.
This may not be the end of matters as you can expect the City to pursue an appeal claiming that the judge ruled incorrectly on the law.

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