http://www.yourlawyer.com/topics/overview/boat_accidents Sat, 21 Nov 2009 02:29:32 -0800 pixel-app en http://www.yourlawyer.com/articles/read/12024 Wed, 26 Jul 2006 00:00:00 -0700 http://www.yourlawyer.com/articles/read/12024
The statement from the California-based cruise line comes as the cause of the accident remains under investigation by the U.S. Coast Guard, the National Transportation Safety Board and Bermuda-flag authorities.

"It would therefore be inappropriate for us to comment in any detail before that investigation is complete and the results published," Princess Cruises President Alan Buckelew said in a statement posted on the company's Web site, in the form of a letter to passengers. "However, we can confirm that the incident was due to human error, and the appropriate personnel changes have been made."

Separately, New York-based personal-injury and product-liability law firm Parker & Waichman issued a statement Tuesday, saying it has filed claims against Carnival Corp., which owns Princess Cruises, on behalf of five of the injured passengers who live in New Jersey and Long Island, N.Y.

Coast Guard officials would not comment on Princess' statement, pending the outcome of the investigation.

Princess Cruises spokeswoman Julie Benson said the cruise line will not comment on exactly what happened to cause the accident while the official investigation continues, but said the ship's personnel involved have been reassigned to other duties on the vessel.

Benson said the cruise line has been running its own internal investigation, "side-by-side" with the investigation being conducted by authorities, and issued its statement to assure its passengers that the ship is safe.

"That's all we're prepared to say at this point," she added.

About 3,400 passengers and 1,200 crew members were aboard the ship a week ago, when it tilted offshore, prompting the ship to return to Port Canaveral.

Seven local hospitals treated a total of 116 people injured in the incident, hospital officials said. Princess said about 240 people were treated aboard the ship for various injuries.

Before the accident, the ship on its fourth voyage since being christened June 14 had stopped at Port Canaveral for a port-of-call visit near the end of its nine-day cruise, and was on its way back to New York City.

A representative for the National Transportation Safety Board in Washington, D.C., said Tuesday that a complete investigation on the Crown Princess incident could take as long as 12 to 18 months to complete.

"We look at everything from a safety standpoint, and we don't validate the safety of a cruise ship," said Keith Holloway, public affairs officer for the NTSB, which investigates air, rail and marine accidents. "We try to figure out what happened, and make recommendations on how to prevent it from happening again."

"We got a lot of calls asking about the safety of the ship, but to make that judgment, that's not our call," Holloway said.

In its statement, Princess said: "We want to unequivocally emphasize that we would never operate an unsafe ship, nor would the U.S. Coast Guard allow a ship to sail that had any safety issues."

The company said it "can appreciate there may be concern as to the cause of this incident, and questions about whether it could happen again. We want to assure passengers who may be booked on an upcoming sailing, or those who may be thinking about traveling with Princess, that the highest priority for our company is the safety and well-being of our passengers and crew."

The statement also said the company expresses "our sincerest apologies for this regrettable event, and fully understand that this was a distressing experience for all who were on board. We especially extend our apologies to those passengers and crew who were injured."

Crown Princess left New York Saturday on a seven-day Caribbean voyage, having received clearance to sail by the Coast Guard and the Bermuda flag authorities.]]> http://www.yourlawyer.com/articles/read/12025 Wed, 26 Jul 2006 00:00:00 -0700 http://www.yourlawyer.com/articles/read/12025
The letter, signed by President Alan Buckelew, states that U.S. authorities continue to investigate the July 18 incident, and therefore it's too soon to comment in any detail about what went wrong.

''However,'' Buckelew said, ``we can confirm that the incident was due to human error, and the appropriate personnel changes have been made.''

The 3,100-passenger Crown Princess was sailing in calm seas 11 miles off Port Canaveral when it suddenly titled about 15 degrees to one side, then righted itself 30 seconds later.

Up to 240 people sustained injuries such as abrasions, bruises and fractures after being knocked off their feet or hit by flying objects. Of those, 94 were sent to hospitals, and all but one had been released as of Tuesday, Princess said. The cruise line, which is owned by Miami-based Carnival Corp., said it expects everyone to fully recover.

Crew members initially told U.S. authorities that there was a problem with the ship's steering equipment. Spokeswoman Julie Benson said Princess posted the letter on its website late Monday to reassure people that the ship is safe.

''We have continued to receive questions from passengers and potential passengers wanting to know that this could not happen again,'' Benson said. ``Clearly, it's been a high-profile event in the media. We wanted to emphatically say, `You will enjoy a safe vacation'.''

The Crown Princess returned Saturday to its home port of New York and quickly embarked on a week-long voyage to the Turks and Caicos Islands. About 15 percent of passengers booked on the voyage ended up canceling, though subsequent voyages remain full, Benson said.

The Coast Guard, which is investigating the tilt along with the National Transportation Safety Board, said it is still weeks or maybe even months away from making a final determination about the cause. Even so, Luis Diaz, a Coast Guard spokesman in Miami, did not dispute the cruise line's claim that human error is to blame.

''It's their vessel, and if they want to go ahead and say that, they have the right,'' Diaz said. He also said investigators traveled aboard the Bermuda-flagged Crown Princess last week during its return to New York and found no problems with the ship.

David Brams, president of World Wide Cruises in Fort Lauderdale, said he's relieved that the ship itself is not to blame. Brams has 20 passengers booked on the Crown Princess for its next scheduled departure Saturday and believes a ''human error'' can be fixed more quickly than a mechanical one.

''They'll put in new procedures to make sure this does not happen again,'' he said.

Benson declined to name the person or people believed responsible for the tilt. She said they have been taken off active duty and are helping with the investigation. The ship's captain remains in command, she said, adding: ``We have the utmost confidence in him.''

California-based Princess, which operates a fleet of 15 ships, cited human error in a similar incident aboard the Grand Princess in February.

The 2,600-passenger Grand Princess made a sharp turn after departing Galveston, Texas, while seeking shore-side medical care for a passenger in cardiac arrest. Nearly 30 passengers sustained minor injuries when the ship tilted, Benson said.

The Crown Princess, which was christened last month in New York by Martha Stewart, is the cruise line's newest ship.]]> http://www.yourlawyer.com/articles/read/12021 Tue, 25 Jul 2006 00:00:00 -0700 http://www.yourlawyer.com/articles/read/12021
Parker & Waichman, LLP is currently investigating additional claims from passengers and crew members. Passengers can request a free lawsuit case consultation at http://www.yourlawyer.com/topics/overview/cruise_ship_injuries. Injured crew members can request a free lawsuit case consultation by visiting http://www.yourlawyer.com/topics/overview/cruise_ship_injuries or http://www.maritimelegalhelp.com.

The ship, which weighs approximately 113,000 tons, had more than 3,100 passengers and 1,200 crew members aboard when the incident occurred. While the actual cause of the problem will be determined after the NTSB and Coast Guard finish their investigation, it is believed that the incident was caused by a malfunction of one of the components in the steering equipment, autopilot, ballast systems and/or software controlling the equipment, or human error by the bridge crew. Similar incidents have happened in the past. The ship has since departed for Brooklyn, New York, with investigators from the U.S. Coast Guard and NTSB aboard. Carnival currently intends to put the ship back into service this Saturday, even if the investigation is not completed.

About Parker & Waichman, LLP

Parker & Waichman, LLP is a leading personal injury and products liability law firm that represents plaintiffs nationwide. The firm has offices in New York and New Jersey. Parker & Waichman, LLP has assisted thousands of clients in receiving fair compensation for injuries resulting from accidents, malpractice, defective medications and medical devices. The firm is currently representing individuals injured by Vioxx, Bextra, Zyprexa, Ketek, ReNu with MoistureLoc, Ortho Evra, Guidant Defibrillators and many other defective drugs and medical products. Parker & Waichman, LLP serves as a member of the plaintiffs' steering committee in Federal Ortho Evra and Zyprexa litigation. For more information on Parker & Waichman, LLP please visit: www.yourlawyer.com or call (800) LAW-INFO.

CONTACT: Parker & Waichman, LLP
         Jason Mark, Esq.
         (800) LAW-INFO
         Toll-free: (800) 529-4636
         info@yourlawyer.com
         www.yourlawyer.com
]]> http://www.yourlawyer.com/articles/read/12022 Tue, 25 Jul 2006 00:00:00 -0700 http://www.yourlawyer.com/articles/read/12022
"We can confirm that the incident was due to human error and the appropriate personnel changes have been made," a Princess Cruise Lines statement said.

While Princess declined to go into any additional detail, a spokesperson confirmed that the ship's captain, who was not on the bridge when the incident occurs, "remains in command."

The ship is back in service, sailing on Nov. 22nd with 2,700 passengers on a seven-day cruise to the Caribbean.

The statement appeared to at least in part confirm an Orlando television station's report that when the ship's automatic pilot started making a left turn, an officer on the bridge thought the ship was turning too sharply and "panicked," taking the ship out of automatic pilot.

The junior officer then accidentally kept the ship in an even sharper turn, according to television station WESH, causing an estimated 15 to 18 degree list that emptied swimming poools, overturned large slot machines and exercise machines in the spa, and sent passengers tumbling.

The National Transportation Safety Board, which along with the Coast Guard and a British agency are investigating the incident, earlier said that a complete investigation on the Crown Princess cruise ship incident could take as long as 12 to 18 months to complete.

"We try to figure out what happened and make recommendations on how to prevent it from happening again," said Keith Holloway, public affairs officer for the NTSB.

"We can appreciate there may be concern as to the cause of this incident, and questions about whether it could happen again," Princess said in an open letter to passengers posted on its website.

"As you may be aware, there is an investigation into the incident being carried out by the U.S. authorities which has not yet been fully completed. It would therefore be inappropriate for us to comment in any detail before that investigation is complete and the results published.

"We want to unequivocally emphasize that we would never operate an unsafe ship, nor would the U.S. Coast Guard allow a ship to sail that had any safety issues.

"We want to assure passengers who may be booked on an upcoming sailing, or those who may be thinking about traveling with Princess, that the highest priority for our company is the safety and well-being of our passengers and crew," Princess added.
]]> http://www.yourlawyer.com/articles/read/12023 Tue, 25 Jul 2006 00:00:00 -0700 http://www.yourlawyer.com/articles/read/12023
Los Angeles-based Princess didn't specify the mistake, or add much detail, saying the incident is still under investigation by regulators.

But in an open letter to passengers posted on the line's Web site, Princess President Alan Buckelew said human error was the cause of the incident. "The appropriate personnel changes have been made," the letter said.

Princess declined to spell out what those changes were. It said the error was not made by the ship's captain, who continues to command the $500 million vessel, but by another officer who is no longer on active duty.

Several officers besides the captain of a cruise ship are typically qualified to steer, including the staff captain and first officer.

On July 18, the 3,100-passenger Crown Princess suddenly listed 15 degrees to the side for about 30 seconds as it left Port Canaveral on its way back to New York. The tilt sent objects cascading across the deck. Princess treated 240 passengers onboard.

In his letter, Buckelew said all but one of the hospitalized passengers have been released.

Separately, a New York law firm said Tuesday it had filed claims against the parent company of Princess, Miami-based Carnival Corp.

In a statement, Parker & Waichman said it represents five passengers from New Jersey and Long Island, New York, who suffered broken bones and lacerations from being thrown to the deck. The firm didn't say where or when the claims were filed, and efforts to reach an attorney designated by the firm as a spokesman were unsuccessful.

The National Transportation Safety Board, the U.S. Coast Guard and authorities in Bermuda where Crown Princess was flagged are investigating what happened on the ship. Early reports, attributed to crew, blamed a malfunction in the steering possibly from an autopilot failure.

Keith Holloway, a spokesman for the NTSB, said the agency hasn't released any findings about the cause of the Crown Princess accident and had no comment on Buckelew's letter.

Crown Princess was delivered in June from the Fincantieri shipyard in Italy and was on its fourth cruise when the problem occurred.]]> http://www.yourlawyer.com/articles/read/12013 Sun, 23 Jul 2006 00:00:00 -0700 http://www.yourlawyer.com/articles/read/12013
The accidents occurred on ships run by three major cruise lines, including Princess Cruises, which operates the month-old Crown Princess, which injured 93 people Tuesday when it lurched to one side about 11 miles off Port Canaveral, Fla.

The incidents, described on a cruise Web site and confirmed by some cruise line officials, raise the issue of whether such accidents are more frequent than industry trade groups contend.

"The recent listing of the Crown Princess is an uncommon occurrence for cruise ships," the International Council of Cruise Lines said Wednesday in a statement.

But earlier this year, 27 passengers were hurt on a Princess Cruises ship after a sudden list caused by the captain. In another case, a computer glitch on the Carnival Legend last July caused the ship to list 14 degrees to the side, an angle similar to the list on the Crown Princess. There were minor injuries, Miami-based Carnival Corp. said.

One reason for uncertainty about the number of such incidents is that no one keeps an official count of them. Cruise lines aren't required to report them, said Coast Guard spokeswoman Jennifer Johnson, except if they cause serious injuries or property damage.

Ships are designed to roll in the waves, but when a tilt endures for more than five or 10 seconds, it becomes a list. It signifies that the ship is moving forward with the deck at a stable angle, rather than level.

When it happens abruptly, things go flying. That occurred July 13, 2005, on the 2,680-passenger Carnival Legend as it left Tortola, in the British Virgin Islands.

According to a passenger who left an account on an Internet message board, a hard left turn combined with a strong wind pushed the ship into the 14-degree list.

"(It) felt like the ship was going to turn over; pool water and debris streamed past our window. Crew members said they had never experienced a list of that degree," said the account, on the Web site Cruisejunkie.com, which is run by a Canadian professor who has written two books about cruising.

In a statement issued last July, Carnival blamed a computer malfunction that affected the propulsion system.

That also is suspected as the cause of the Crown Princess accident, although no firm conclusion has been made. Steering, including the autopilot on the bridge, is one subject of the investigation under way by the National Transportation Safety Board.

Although keeping an officer at the ship's controls would seem the best policy, human error also causes listing incidents. In February, a passenger on the Grand Princess had a heart attack and the captain decided to return to Galveston, Texas.

He turned hard at cruising speed. "It was a sharper turn than should have been undertaken," said Princess spokeswoman Julie Benson. Glassware, ornaments and TV sets went airborne, according to an account in the Galveston County Daily News. Twenty-seven passengers and 10 crew members were treated for sprains, cuts and bruises.

Searching for Explanations

One question about last week's Crown Princess mishap is why it caused so many more injuries than other recent listing incidents.

Ron Butcher, a former Coast Guard inspector who recently wrote a book on cruise passenger safety, said the cause of the list may be different than other incidents, such as a mistake in keeping the ballast in the ship's holding tanks in proper alignment.

Butcher also said he wonders whether investigators may conclude the list on the ship was more acute than is currently thought.

"A 15-degree list, while serious, I don't see as consistent with the amount of damage that occurred," Butcher said.]]> http://www.yourlawyer.com/articles/read/12009 Fri, 21 Jul 2006 00:00:00 -0700 http://www.yourlawyer.com/articles/read/12009
The accidents occurred on ships run by three major cruise lines, including Princess Cruises, which operates the month-old Crown Princess which sent more than 90 people to the hospital Tuesday as it lurched to the side about 11 miles out of Port Canaveral.

On Thursday afternoon, the Crown Princess headed to its home port of New York after being cleared by the U.S. Coast Guard. It is scheduled to set sail on a seven-day cruise Saturday.

The incidents, described on a cruise Web site and confirmed by some cruise-line officials, raise the issue of whether such accidents are more frequent than industry trade groups contend. They also underscore the fear and danger experienced by some passengers.

"The recent listing of the Crown Princess is an uncommon occurrence for cruise ships," the International Council of Cruise Lines said Wednesday in a statement.

But earlier this year, 27 passengers were hurt on a Princess Cruises ship after a sudden list caused by the captain. In another case, a computer glitch on the Carnival Legend last July caused the ship to list 14 degrees to the side, an angle similar to the list on the Crown Princess. There were minor injuries, Miami-based Carnival Corp. said.

One reason for uncertainty about the number of such incidents is that no one keeps an official count of them. But the Web site cruisejunkie.com lists 11 cases since 2002, including the seven since 2005.

Cruise lines aren't required to report them, said Coast Guard spokeswoman Jennifer Johnson, except if they cause serious injuries or property damage.

Ships are designed to roll in the waves, but when a tilt endures for more than five or 10 seconds it becomes a list.

Such a problem occurred July 13, 2005, on the 2,680-passenger Carnival Legend as it left Tortola, in the British Virgin Islands.

In the words of a passenger who left an account on an Internet message board, a hard left turn combined with a strong wind pushed the ship into a 14-degree list. "(It) felt like the ship was going to turn over; pool water and debris streamed past our window.

"Crew members said they had never experienced a list of that degree," said the account, on cruisejunkie.com, which is run by a Canadian professor who has written two books about cruising.

In a statement issued last July, Carnival blamed a computer malfunction that affected the propulsion system.

That is also suspected as the cause of the Crown Princess accident, although no firm conclusion has been made.

Steering, including the autopilot on the bridge, is one subject of the investigation under way by the National Transportation Safety Board as to why the ship rolled about 15 degrees to the right, injuring 240. Earlier, Coast Guard reports said the ship listed to the left, but officials changed that accounting.

In 2001, the Norwegian Sky listed dramatically off Alaska when the autopilot failed, injuring 78 passengers. The Coast Guard ordered the ship to sail without its autopilot engaged until the cause was found.

"It listed way over; the lifeboats were in the water," said Donald Anderson of Evergreen, Colo., who was on the Norwegian Sky when it listed.

He said he was surprised to learn this week that the incidents are more common than he thought.

"We just thought it was a freak accident that would never happen again, so when you see it happen again you say, 'Whoa, that's interesting,' " Anderson said. "It was frightening."

Human error and bad weather also caused recent listings.

In February, a passenger on the Grand Princess had a heart attack and the captain decided to return to Galveston, Texas.

He turned hard at cruising speed. "It was a sharper turn than should have been undertaken," said Princess spokeswoman Julie Benson. Glassware, ornaments and TV sets went airborne, according an account in The Galveston County Daily News.

Twenty-seven passengers and 10 crew members were treated for sprains, cuts and bruises, Benson said. Also, 82 televisions were smashed.

Last October, while offshore waiting the passage of Hurricane Wilma, the Carnival ship Fascination tipped severely. According to a passenger account, several people were injured.

Jennifer De La Cruz, a Carnival spokeswoman, said managers recall a weather incident on Fascination in the latter part of last year but do not recall any injuries.

One question about this week's mishap is why it caused so many more injuries than other recent listing incidents.

Ron Butcher, a former Coast Guard inspector who has recently published a book on cruise-passenger safety, said the cause of the list may be different from other incidents, such as a mistake in keeping the ballast in the ship's holding tanks in proper alignment.

Butcher also said he wonders whether investigators may conclude the list on the ship was more acute than is currently thought.

"A 15 degree list, while serious, I don't see as consistent with the amount of damage that occurred," Butcher said.
]]> http://www.yourlawyer.com/articles/read/12006 Thu, 20 Jul 2006 00:00:00 -0700 http://www.yourlawyer.com/articles/read/12006
Parker & Waichman, LLP is currently investigating additional claims from passengers and crew members. Passengers can request a free lawsuit case consultation at http://www.yourlawyer.com/topics/overview/cruise_ship_injuries . Injured crew members can request a free lawsuit case consultation by visiting http://www.yourlawyer.com/topics/overview/cruise_ship_injuries or http://www.maritimelegalhelp.com.

The ship, which weighs approximately 113,000 tons, had more than 3,100 passengers and 1,200 crew members aboard when the incident occurred. While the actual cause of the problem will be determined after the NTSB and Coast Guard finish their investigation, it is believed that the incident was caused by a malfunction of the steering equipment, or human error by the bridge crew. Similar incidents have happened in the past. The ship has since departed for Brooklyn, New York, with investigators from the U.S. Coast Guard and NTSB aboard. Carnival currently intends to put the ship back into service this Saturday, even if the investigation is not completed.

“The investigation into the cause of the problem has only just begun. We believe Carnival has jeopardized the safety of the ship’s crew members by requiring them to sail to New York today,” said Jerrold S. Parker, partner at Parker & Waichman, LLP. “The company’s plan to put passengers back on the boat this Saturday, before the safety investigation is concluded, is grossly irresponsible. We call on the NTSB and Coast Guard to require that Carnival keep the ship docked until it is deemed safe and bear responsibility for the injuries of passengers and crewmembers in this latest safety breach.”

About Parker & Waichman, LLP

Parker & Waichman, LLP is a leading personal injury and products liability law firm that represents plaintiffs nationwide. The firm has offices in New York and New Jersey. Parker & Waichman, LLP has assisted thousands of clients in receiving fair compensation for injuries resulting from defective medications and medical devices. The firm is currently representing individuals injured by Vioxx, Bextra, Zyprexa, Ketek, ReNu with MoistureLoc, Ortho Evra, Guidant Defibrillators and many other defective drugs and medical products. Parker & Waichman, LLP serves as a member of the plaintiffs’ steering committee in Federal Ortho Evra and Zyprexa litigation. For more information on Parker & Waichman, LLP please visit: www.yourlawyer.com or call (800) LAW-INFO.
Related Links

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Boat Accidents

Contact Information:

Jason Mark
Esq.
Parker & Waichman, LLP
(800) 529-4636
info@yourlawyer.com]]> http://www.yourlawyer.com/articles/read/10790 Fri, 07 Oct 2005 00:00:00 -0700 http://www.yourlawyer.com/articles/read/10790 At a time when visitors must be concerned for their safety at most popular tourist attractions, the serene lake in the heart of New York’s Adirondack Mountains offered the group of elderly sightseers from Michigan a place to let down their guard and enjoy a quiet boat ride on a beautiful autumn day.

Soon, however, the calm of Lake George was shattered by the screams of 47 passengers of the tour boat, Ethan Allen, as they slid to one side of the crowded vessel. Almost immediately, the boat capsized.

The elderly passengers, without lifejackets on and unable to swim, desperately tried to remain afloat in the 69-degree water until help arrived. As rescuers attempted to turn the boat over to see if anyone was trapped, it slipped under the surface and sank in 70 feet of water.

Twenty passengers couldn’t be saved. Their senior citizen excursion had turned into a death cruise. As the bodies were laid out in rows on the shore and covered with sheets, the magnitude of the tragedy began to settle in.

Seasoned State Troopers, emergency medical personnel, and average citizens who just tried to help, found it difficult to hide their emotions as they watched death separate husbands and wives and close friends forever. One of the dead women had even been anticipating the birth of a grandchild in the next few weeks.

Within hours of the sinking, police and public officials issued statements promising a full investigation. Plans were made to raise the boat the very next day.

On Monday, less than 24 hours after the sinking, the Ethan Allen was raised to the surface by divers and brought back to the dock so that a complete examination of the vessel could begin. The National Transportation Safety Board (NTSB) will participate in the investigation.

As this tragedy unfolds, the following questions must be answered:
    
    (1) What caused the Ethan Allen to capsize and sink?
        
    (2) Why was there such a great loss of life?

    (3) Who is responsible for the disaster?

Obviously, large boats loaded with passengers don’t just sink without a reason. Here, there was an obvious shift of weight on the Ethan Allen immediately before it capsized. What caused the passengers to be thrown to one side of the boat remains to be determined. One theory repeatedly advanced by witnesses is that the wake from a larger tour boat that passed the Ethan Allen caused it to tip to one side.

Other issues must also be resolved with respect to: (1) the absence of a second crew member (besides the operator) on the crowded boat; (2) whether the boat was overloaded in terms of weight or passengers even though the vessel was permitted to carry 50 passengers; (3) what role modifications made to the boat played in terms of altering the weight distribution; and (4) whether senior citizens who were in no condition to swim or even stay afloat on their own should have had their life preservers already on when the boat left the dock.

Although the actual mechanics of an accident like this one often turn out to be rather simple, placing responsibility (and legal liability) for such a catastrophe can be much more problematic.

In order to understand the potential claims which may exist in this case, we spoke with several attorneys familiar with this type of litigation. One of those attorneys was Jerrold S. Parker, senior partner of Parker & Waichman, a prominent New York law firm which has been involved in a number of high-profile personal injury and wrongful death cases around the United States over the past several years.

Mr. Parker stated that his office has already had several inquiries from victims’ families and, as a result, he has contacted experts for their opinions as to what possible theories of liability might exist in this case. “Probably the most important thing to do in a case like this is to hit the ground running and have top notch experts ready to investigate the accident before evidence is lost or destroyed and witnesses’ recollections fade,” he said.

Here however, Parker pointed out a couple of considerations which may come into play given the magnitude of the disaster and the fact that tour boats like the Ethan Allen are subject to regulation by various governmental agencies.

According to Parker; “Insurance coverage will be an issue since the company that operated the Ethan Allen might not have sufficient coverage or assets to pay for 20 deaths as well as all of the serious injuries and emotional trauma the accident caused.”

In addition, there might be liability on the part of another vessel whose negligent operation may have caused, or contributed to, the capsizing of the Ethan Allen. Anyone who modified the Ethan Allen in any way that may have changed its stability or weight distribution might also be liable. “That’s another reason having experts on the case from the beginning is important.”

“Finally,” Parker said, “there is the issue of potential liability on the part of one or more governmental agencies or municipalities that were responsible for the inspection and regulation of the Ethan Allen and similar tour boats on Lake George. Towns, counties, police departments, agencies, and even the state itself might have breached some duty with respect to passengers aboard the Ethan Allen.”

If that turns out to be the case, “the injured passengers and the families of those who died have very short time limitations in which to file a claim against the appropriate municipality, municipal subdivision, or governmental agency,” said Parker. “If you don’t know your legal obligations in terms of filing notices of claim and other legal documents, you could lose your case before it even gets started. That’s why people must have competent legal representation as soon as possible in any case where a municipality or government agency might be involved.”

Other attorneys we spoke with echoed Mr. Parker’s concern that anyone involved in this case should seek qualified legal representation as soon as possible in order to protect their rights and avoid potential difficulties in terms of filing a claim.]]> http://www.yourlawyer.com/articles/read/10771 Tue, 04 Oct 2005 00:00:00 -0700 http://www.yourlawyer.com/articles/read/10771
As divers searched for evidence and the victims' belongings, State Police Maj. Gerald Meyer told reporters that a state inspector determined in May the 38-foot Ethan Allen needed one crew member besides the captain because it carried up to 48 passengers.

The captain, 74-year-old Richard Paris, was the only crew member aboard when the boat, with 47 passengers, overturned Sunday afternoon during what was supposed to be a relaxing, one-hour fall foliage tour for a group of senior citizens. He was among the 28 survivors.

The state late Monday suspended the operating certificates for all five tour boats run by Shoreline Cruises after the determination that one crew member was aboard, said Wendy Gibson, spokeswoman for the state Office of Parks, Recreation and Historic Preservation.

Meyer said the fine for violating state navigation regulations is between $25 and $100.

The Ethan Allen was hauled out of the lake late Monday night and taken to a county airport, where National Transportation Safety Board investigators were to examine the vessel to determine why it capsized.

"The inspector made the determination that there was in fact an additional crew required for that vessel and did list one crew in addition to the pilot on that permit," Meyer said.

The Ethan Allen has a maximum capacity of 50 people - 48 passengers and two crew, Gibson said earlier. Commercial boats in New York that carry between 21 and 48 passengers must have two crew members.

Police said a wave from a passing boat and a sudden shift of passengers' weight on the boat's long benches may have factored into the capsizing. An investigation is ongoing.

"The bottom line is, any one of these little factors could not have upset the boat," said Warren County Sheriff Larry Cleveland. "If four or five of these came together, it's possible."

State officials originally suspended the certificates for two small boats similar to the Ethan Allen, but Gibson said they had expanded the suspension to include the Adirondac and the Horicon, larger cruise ships carry 400 and 200 guests, respectively.

Shoreline Cruises did not return messages left at its office Sunday and Monday.

Cleveland cautioned not to draw conclusions from the suspended certificates. "I do not believe there is any criminal culpability on any of the parties we have spoken with," he said.

The captain of the glass-enclosed boat told authorities it was hit by waves from at least one other vessel and turned over as he tried to steer out of them, authorities said.

The boat flipped so fast that no passenger could put on a life jacket. Forty-six passengers were from Michigan, with one from Ohio. Eight people were hospitalized with shortness of breath, broken bones and other injuries.

State Police Superintendent Wayne Bennett said passengers either slid or were thrown to one side of the boat after it began lurching. "And that, of course, would automatically mean an even bigger shift of weight," Bennett said.

The Ethan Allen was rated for 50 passengers based on the Coast Guard standard of 150 pounds per person. Cleveland said that standard may have to be revised in light of data showing Americans growing fatter.

On Monday afternoon, crews using inflatable bags raised the sunken boat 70 feet to the surface. Orange life vests could be seen floating inside. The search continued for other items.

"We know there are articles on the bottom," Cleveland said. "We're trying to get all those things put back together so we can get them returned."

Only Colorado, Indiana and New Hampshire require adults to wear life preservers when a boat is motion, said Melissa Savage of the National Conference of State Legislatures. No state has special laws governing boaters who are elderly or infirm.

The Lake George Park Association and the sheriff's department are responsible for enforcing safety on the lake, and they may reconsider the rules governing crew size and life jacket use, particularly when elderly or infirm passengers are involved, said James Hood, a spokesman for the association.

"It seems like a logical question or at least something to review," Hood said.

The captain was not tested for drug or alcohol after the accident. The sheriff said he had no legal grounds for administering such a test. The sheriff also said Paris had a state license, rather than a Coast Guard one, which would have required a test for drugs or alcohol.

The boat was last inspected in May and no problems were found, officials said.]]> http://www.yourlawyer.com/articles/read/10762 Mon, 03 Oct 2005 00:00:00 -0700 http://www.yourlawyer.com/articles/read/10762
The postcard perfect day of sailing on Lake George suddenly turned horrific Sunday when the 40-foot boat the Ethan Allen flipped over so quickly that none of the 47 passengers could put on a life jacket. Seven people were hospitalized.

All the passengers were from Michigan, Warren County Sheriff Larry Cleveland said Monday. Their names were not immediately disclosed. A hospital spokesman had earlier put the toll at 21, but Cleveland said it was 20.

"The boat was sideways in the water, and people were screaming," said Joanne Rahal, who was in a boat when the Ethan Allen flipped. "Bodies were floating by our boat."

"We were just cruising along, and all of a sudden, the boat tipped. We thought it was kind of like a joke," Ann Mae Hawley, 74, told the Glens Falls Post-Star. "Next thing I knew, I was in the water under the boat.

"I could see my husband, and I called to him, but he didn't respond. I don't know where he is now."

The sheriff said none of the passengers was able to put on a life jacket. "Some of the victims were in fact found still trapped in the boat by divers," he said.

The National Transportation Safety Board arrived on the scene early Monday.

There had been hundreds of boats on Lake George on the sunny Sunday afternoon, causing "a lot of wave action," Cleveland said.

Investigators had not tested Richard Paris, who is an experienced boat captain, for drug or alcohol use because there was no evidence of intoxication, the sheriff said. He said there didn't appear to be any criminal conduct. Paris was the sole crew member on board with the 47 passengers.

Many of the bodies were laid out along the shore Sunday, and the site was blocked off by police with tarps. A hearse, police vehicles and several sport utility vehicles later began taking the dead from the scene.

Adult boat passengers are not required to wear life jackets in New York, but boats must carry at least one life jacket per person.

The glass-enclosed boat was carrying a tour group from the Trenton, Mich., area, and was sailing just north of the village of Lake George, a popular tourist destination about 50 miles north of Albany in the Adirondack Mountains.

With calm waters, clear skies and temperatures in the 70s, it seemed perfect boating weather and the lake bustled with activity. The lake is approximately 32 miles long and nearly 3 miles wide.

Trenton, Mich., Mayor Gerald Brown, whose community is about 20 miles south of Detroit, said 14 of the passengers were part of a group, mostly from Trenton, that left Tuesday on a weeklong bus-and-rail trip to see changing fall colors along the East Coast.

Of the 14, three were killed, and 11 survived, Brown said.

"It's a sad time in our community. We're a small community, and we handle things differently in small communities," Brown said. "We know names. We know faces. We have relatives. It's all intertwined. It's a sad day for us."

The trip was arranged through Canadian-based Shoreline Tours, Brown said. Representatives of Shoreline could not immediately be reached for comment by The Associated Press.

A separate company, Shoreline Cruises, owns the boat. Jim Quirk, whose family has operated the company for decades, told the Glens Falls Post-Star: "It is a tragedy and it's very unfortunate."

Twenty-seven people were taken to a hospital in nearby Glens Falls. Some suffered broken ribs and others complained of shortness of breath. Seven survivors were admitted, hospital spokesman Jason White said.

Cleveland said there were 47 passengers and the captain onboard, close to the boat's maximum capacity of 50.

The boat was last inspected in May and no problems were found, according to Wendy Gibson, spokeswoman for the New York State Office of Parks, Recreation and Historic Preservation.

At daybreak Monday, the lake's surface was glassy, with a buoy 100 yards offshore where the tour boat sunk in 70 feet of water. The yard where survivors and bodies were brought was still cordoned off with police tape and littered with water bottles and other debris.

"It should have been a day of enjoyment," said state police Superintendent Wayne Bennett, who was out boating on the lake earlier Sunday. "Instead, it was one of sadness."]]> http://www.yourlawyer.com/articles/read/10764 Mon, 03 Oct 2005 00:00:00 -0700 http://www.yourlawyer.com/articles/read/10764
Another 7 passengers were hospitalized after the incident, which happened about 3 p.m. on a calm, sunny afternoon.

The 40-foot glass-enclosed Ethan Allen was chartered for a group tour that included 14 members of a senior activities group from Trenton, Mich., called the "Trenton Travellers." The other passengers were believed to be from surrounding communities. Police said some may have had wheelchairs and walkers.

Police are still investigating the deadly accident, but witnesses said they saw a wave from a larger steam boat hit the Ethan Allen. Officials said that had yet to be confirmed. The captain of the ship, Richard Paris, was being interviewed last night at the boat's base in the village of Lake George, a tourist town 50 miles north of Albany.

Officials are treating the incident, which happened off of Cramer Point, about two miles north of the village, as a criminal investigation until it is ruled otherwise, Warren County Sheriff Larry Cleveland said last night.

The accident apparently happened so fast that none of the passengers was able to put on a life jacket, Cleveland said. Some were trapped within the boat, but most were cast into the water, police said.

The lake, a popular tourist destination, is busy with boaters through Columbus Day, especially on the weekends.

Nearby residents and other boaters helped police and rescue workers pull people out of the water, and by 5 p.m. all were accounted for. Bodies were laid along the shore and the area was blocked by police with tarps.

Dorothy Warren, 73, who lives across a small road from the lake, said she brought blankets, towels, water and chairs to the shocked seniors.

"One woman had lost her mother who she had taken on this cruise to celebrate her 80th birthday," Warren said last night. "She said, 'My mother's dead. They haven't found her.'"

Officials at Glens Falls Hospital said of the 27 patients treated there, seven were expected to be admitted and most of the rest were to be released last night. Most patients were cold and wet, with some reporting shortness of breath and chest pains and a handful receiving treatment for broken ribs.

Representatives of Shoreline Cruises, which operates the boat, could not be reached for comment. The boat's owner, Jim Quirk, told the Glens Falls Post Star: He said, "Nothing of this magnitude has ever happened."

In the close-knit city of Trenton, Mich., news of the accident was spreading yesterday evening, said Mayor Jerry Brown. Initial reports indicated that three of the Trenton Travellers group were killed, six were known to have survived, and five were unaccounted for as of 10 p.m. yesterday, Brown said.

The southern Detroit suburb is an aging community of 20,000 in America's depressed auto and steel manufacturing belt.

"For young people, the jobs aren't here like they used to be, so taking care of seniors is an important part of what we do here in Trenton," said Mayor Pro-Tem Terrence Teifer. The Trenton Travellers, who meet at at city senior center and take annual trips around the country, were on a one-week foliage tour.

One of those missing is a neighbor of Brown's, he said, and two are family friends of Teifer's. "We have a small community," Brown said. "We have more ties to everyone."

In Lake George, where the Ethan Allen was under 70 feet of water, divers continued to search the lake as dusk fell yesterday, and officials estimated it will take two or three days to find out what caused the capsize.

National Transportation Security Board officials were expected to arrive at the scene today for a maritime investigation.

There were few other topics of discussion at the Prospect Mountain Diner in Lake George yesterday.

"Everyone feels bad about it," said staffer Rose Ajimine. She hoped the accident wouldn't discourage tourists. She said, "We rely on the tourist business up here."]]> http://www.yourlawyer.com/articles/read/10761 Sun, 02 Oct 2005 00:00:00 -0700 http://www.yourlawyer.com/articles/read/10761
The accident may have occurred when the boat was hit by the wake of a larger passing vessel, Warren County Sheriff Larry Cleveland said. "We haven't ruled anything out yet," he said.

The boat was carrying a tour group from the Trenton, Mich., area and was sailing just north of the village of Lake George, a popular tourist destination. With calm waters, clear skies and temperatures in the 70s, it seemed perfect boating weather.

The 40-foot Ethan Allen capsized around 3 p.m. on Lake George about 50 miles north of Albany in the Adirondack Mountains.

The accident apparently happened so fast that none of the passengers was able to put on a life jacket, Cleveland said.

Adult boat passengers are not required to wear life jackets in New York.

Patrol boats that reached the scene within minutes found other boaters already pulling people from the water. All passengers had been accounted for within two hours.

Twenty-seven people were taken to a hospital in nearby Glens Falls. Some suffered broken ribs and some complained of shortness of breath. Five people were to be admitted, hospital spokesman Jason White said.

Police investigators were at the hospital late Sunday to question survivors.

Dorothy Warren, a resident who said she brought blankets and chairs to shore for survivors, said one passenger told her "she saw a big boat coming close and she said, 'Whoop-dee-doo. I love a rocking boat.'"

Warren said the woman did not know how she got out of the water but said her mother was killed.

Officials gave conflicting information on the number of dead and passengers. Cleveland said there were 48 or 49 people aboard, which is close to the boat's maximum capacity of 50.

Investigators were interviewing survivors to get an accurate count. The National Transportation Safety Board was expected at the lake Monday, the sheriff said.

Many of the bodies were laid out along the shore, and the site was blocked off by police with tarps. A hearse, police vehicles and several sport utility vehicles later began taking the dead from the scene.

The weather did not appear to be a factor on the lake, a long, narrow body of water that is a popular tourist destination in the summer and quiets down after Labor Day. The water temperature was 68 degrees.

"This was as calm as it gets," said Jerry Thornell, a former Lake George Park Commission patrol officer and a lake enforcement officer for the county sheriff's department.

Representatives of Shoreline Cruises, which operates the boat, could not immediately be reached for comment.

The boat's owner, Jim Quirk, whose family has operated Shoreline Cruises for decades, told the Glens Falls Post-Star: "It is a tragedy and it's very unfortunate."

"Nothing of this magnitude has ever happened," state police Superintendent Wayne Bennett said. "It's unprecedented."

As dusk fell, several police boats were on the water, and at least half a dozen divers were in a small cove on the west side of the lake. The Ethan Allen lay at the bottom of the lake in 70 feet of water.

Cleveland said the captain, who was well known and well liked by law enforcement officials, survived. He was the only crew member aboard.]]> http://www.yourlawyer.com/articles/read/8294 Wed, 04 Aug 2004 00:00:00 -0700 http://www.yourlawyer.com/articles/read/8294
Prosecutors planned to announce the unsealing of an indictment Wednesday that includes 11 counts of manslaughter in last year's crash and would name Capt. Michael Gansas, Assistant Capt. Richard Smith and other ferry officials as defendants, the sources said.

Smith was scheduled to enter a guilty plea Wednesday in federal court in Brooklyn, according to the calendar for Chief Judge Edward Korman. The calendar did not specify the charge, and Smith's lawyer declined to comment Tuesday.

The indictment also names a physician who treated Smith before the accident, said one of the sources, who spoke on condition of anonymity and refused to give further details.

The ferry, the Andrew J. Barberi, slammed into a concrete maintenance pier on Staten Island on the afternoon of Oct. 15, tearing open a 250-foot-long gash extending 8 feet into its hull. The accident killed 11 people, injured dozens and led to billions of dollars in civil claims.

Smith, who was at the helm of the vessel when it crashed, initially said he passed out at the controls and suggested that a medication he was taking may have caused him to lose consciousness. He fled after the wreck and tried to commit suicide, slashing his wrists and shooting himself with a pellet gun.

Investigators said Gansas, the ferry's captain, violated procedure by not being in the wheelhouse during docking, when Smith lost control.

Gansas initially refused to cooperate with investigators, saying he was suffering from post traumatic stress disorder, and was fired. He met with federal prosecutors in January. His attorney declined to comment Tuesday.

Gansas has offered mismanagement as a defense, and the criminal investigation expanded its focus in the months after the crash from the crew to high-ranking ferry officials and whether they neglected safety rules so grievously that they committed crimes.

Investigators have examined the actions of director of ferry operations Patrick Ryan and port captains Joseph Ecock and John Mauldin. The three men's attorneys said Tuesday that they had received no notice that their clients would be indicted, and they declined to comment on the investigation.

The city has since revamped its procedures, and it now requires crew members to report to their stations as their ferry nears shore and alert supervisors by radio that they are in position. Three crew members instead of two are required to be in the wheelhouse.

Laura Diaz, 41, who was on her way home from work as a court clerk, fractured her femur and pelvis and has yet to return to her job, settled with the city last month for $1.125 million the largest crash-related settlement reached with the city so far. Thirty-two others had totaled around $600,000.]]> http://www.yourlawyer.com/articles/read/8295 Wed, 04 Aug 2004 00:00:00 -0700 http://www.yourlawyer.com/articles/read/8295
Law enforcement sources told Newsday an indictment to be unsealed includes 11 counts of manslaughter and names Assistant Capt. Richard Smith as a defendant. Capt. Michael Gansas and other ferry personnel are also among the defendants, sources told The Associated Press.

The case against Smith, the pilot, who said he blacked out moments before the Oct. 15 accident, is expected to center on the medication Smith was taking. Sources said Smith was taking tramadol, a powerful prescription pain reliever that in combination with other medications made him susceptible to fainting.

It was not clear last night what charges specific defendants will face. Prosecutors in the U.S. attorney's office in Brooklyn, who are to announce the indictment, had no comment yesterday.

The Brooklyn federal court calendar indicates Smith is to enter a guilty plea before Chief Judge Edward Korman at 10 a.m., but does not specify the charge.

Smith's lawyer, also had no comment. An attorney for Gansas, 38, who was fired for refusing to cooperate with authorities investigating the crash, did not respond to requests for comment.

The crash of the Andrew J. Barberi opened a window into a system rife with shoddy procedures, poor accountability and patronage. A Newsday probe based largely on accounts crew members gave investigators found that the crash likely resulted from a fatal mix of medication and lax procedures.

Smith, 55, who fled to his nearby home after the accident and tried to kill himself, was not required to tell ferry officials about the medication he was taking.

In addition to tramadol, Smith was taking heart or blood pressure medication and an anti-depressant, sources said. Such a combination could have made him susceptible to fainting or seizure, studies have shown.

News of a pending indictment brought relief to at least one victim's family.

"It's about time," said Marie Fucile, whose 35-year-old son, Joseph Bagarozza, was killed as he rushed home from his job as a commodities broker to watch a Yankees playoff game.

"I just want justice. I just want them, both of them - Gansas and Smith - punished for what they did," she said.

Meanwhile, the city has filed a special action in federal court in Brooklyn seeking to limit its financial exposure in the face of hundreds of claims made by people injured in the crash.

In April, Korman put a 90-day hold on pretrial discovery in the city's action after federal prosecutors voiced concern the case might interfere with the criminal probe. That stay was later extended through early this month. Federal prosecutors have until Friday to file for another extension.

"We are anxious to find out the results of the U.S. attorney's investigation, which will help us in the prosecution of the civil action," said Anthony Bisignano, an attorney for many of the injured passengers.

"Victims of this accident have been waiting with bated breath for answers as to why the accident happened. We believe it is beyond the actions of the crew members. We believe it extends up the chain to management," Bisignano said.

Federal investigators are using a special maritime homicide statute as the basis of the probe. The last time the statute was used in a major case was to secure convictions against some of the smugglers and organizers involved in the voyage of the Golden Venture, the smuggling ship which ran aground off Jacob Riis Park in June 1993, killing at least six passengers.

Faced with legal claims totaling more than $3 billion, the city in December filed a special action under the maritime law aimed at limiting its liability to about $14.4 million. That amount is based on the value of the repaired Barberi, which is now back in service, plus a special tonnage assessment.

Any indictments and convictions that implicate the management of the ferry system with negligence could undermine the city's ability to limit its financial exposure for deaths and injuries stemming from the accident, according to maritime experts.]]> http://www.yourlawyer.com/articles/read/7788 Sun, 14 Mar 2004 00:00:00 -0800 http://www.yourlawyer.com/articles/read/7788
Elton Blanchard of Franklin died when the boat he was in developed steering trouble and hit a parked barge Saturday, throwing him into the Baldwin Canal, the St. Mary Parish Sheriff's Office said.

It said the accident was reported about 8 a.m., and a Franklin Fire Department crew found Blanchard's body about 90 minutes later. A second person in the boat was not seriously hurt, a news release said.

About 7:40 a.m. Sunday, two 15-foot aluminum-hulled boats, with a total of seven people aboard, collided in Norman Bayou, just south of Lafitte, the Coast Guard reported.

Heidi LeBlanc, 45, had a head injury and was taken by helicopter to West Jefferson Medical Center, said Chief Petty Officer Jeff Murphy, a Coast Guard spokesman.

He did not know LeBlanc's home town. The hospital said it would check on whether she or her family had approved release of her condition.

The Louisiana Department of Wildlife and Fisheries was investigating both accidents.]]> http://www.yourlawyer.com/articles/read/7237 Wed, 17 Dec 2003 00:00:00 -0800 http://www.yourlawyer.com/articles/read/7237
Castro, 39, died at 7:48 a.m. at Staten Island University Hospital from multi-system organ failure, according to hospital officials.

After the ferry slammed into a concrete pier on Oct. 15, Castro lost her left leg, and half of her right leg was amputated to the knee. She also suffered a broken arm, and part of her left ear was shorn off and reattached.

Her husband, Bill Castro, had taken leave from his job as a city bus driver and kept vigil by her hospital bed, hoping his wife would recover. Earlier this month he filed a suit against the city for $220 million.

In a statement released yesterday by his attorney, Castro said, "Debra was a woman who loved life and fought a very hard battle to regain it. I can only take comfort with the knowledge that her suffering has now been eased and her dignity returned."

Dr. Jeffrey Nicastro, lead trauma surgeon for Castro, said, "Her strength and will to live were phenomenal, but in the end, her injuries proved insurmountable."

Debra Castro was returning home from a doctor's appointment in Manhattan when the Andrew J. Barberi crashed into the pier.

Bill Castro said he was working when he saw fire engines and police cars racing to the pier and realized an accident had occurred on the Staten Island Ferry. He didn't find out that his wife was on the doomed vessel until later that evening, when he got home from his shift and heard a message from her saying she was taking the 3 p.m. ferry home.

When he went to the pier, he said, he was told his wife was not on the list of victims, so he filled out a missing persons report and left. Then, at 1 a.m. on Oct. 16, Castro said, two detectives came to his apartment with pictures of his wife's jewelry and an ivory, heart-shaped stone that she carried in her pocket for good luck. The detectives said there was an unidentified woman at the hospital. Castro said he later learned from a friend that his wife was conscious when they found her on the boat, "awake and screaming" in pain.]]> http://www.yourlawyer.com/articles/read/7162 Mon, 01 Dec 2003 00:00:00 -0800 http://www.yourlawyer.com/articles/read/7162
Capt. Michael Gansas appeared before a city Department of Transportation labor relations specialist, who will decide within two weeks whether Gansas should be fired or reinstated, said Tom Cocola, a spokesman for the Department of Transportation.

The decision will be binding for the agency, but if the specialist decides to fire Gansas, he will have the right to go to arbitration or appeal to the mayor's office of labor relations, Cocola said.

Cocola declined to disclose what was said at the hearing, but said that both sides presented their cases.

Gansas did not comment as he left the hearing, and his lawyer did not immediately return a call seeking comment.

Gansas was suspended without pay effective Oct. 22 when he refused to talk to investigators about the Oct. 15 accident that killed 10 people and injured dozens others.

After his 30-day suspension expired last week, Gansas had three choices: accept the Department of Transportation's decision to terminate him; go to an administrative trial; or enter into a grievance procedure.

Authorities have said Gansas and Assistant Capt. Richard Smith, who was at the controls at the time of the crash, could face federal charges related to the accident.]]> http://www.yourlawyer.com/articles/read/7021 Sun, 16 Nov 2003 00:00:00 -0800 http://www.yourlawyer.com/articles/read/7021
The accident Saturday at the world's largest and most expensive oceanliner initially claimed 13 lives, but two more people had died of their injuries by Sunday morning, officials in this city in western France said.

About 30 others were injured, with some hospitalized in serious condition, rescue officials said.

The gangway was installed Friday for a weekend visit by construction workers and their families of the nearly complete oceanliner before its maiden voyage planned for January.

As dozens of people crowded onto the gangway, the structure collapsed, pulling down scaffolding holding it up at one end, sending people plunging 50 feet to the ground. Bodies were entangled with the wreckage.

``The passage gave way and we fell about 50 feet,'' said Jason Schmitt, a worker who escaped without injury. ``I fell with a minimum of 30 people,'' he told France-2 television.

The cause of the collapse was not immediately known. An investigation was under way.

Local leaders had planned a series of celebrations late next month, many residents said. The accident raised doubt about whether such festivities would go on.

``Naval construction is a family that knows how to share its glories and its difficult moments,'' St. Nazaire mayor Joel Batteux told regional L'Eclair Dimanche newspaper. ``But it's never been as hard as this.''

``We were preparing an important event, but now, it's out of the question to celebrate,'' he said.

The shipyard was to be closed Monday for a day of mourning.

Flags flew at half-staff over police stations and the concrete city hall in St. Nazaire, which lives off heavy industries such as ship and airplane construction.

The 21-story-tall oceanliner was dry-docked at an Atlantic coastal shipyard for finishing touches before its maiden voyage. Britain's Cunard Lines, which operates the vessel and is owned by Miami-based Carnival Corp. in the United States, said the voyage from Southampton, England, to Fort Lauderdale, Fla., would likely go ahead as planned.

``To the best of our knowledge, the ship will sail Jan. 12, as scheduled,'' said Julie Davis, a spokeswoman in Miami for Cunard.

Cunard Lines issued a statement offering ``thoughts and prayers'' for the victims and their families. It made no comment on the accident itself.

French President Jacques Chirac and Prime Minister Jean-Pierre Raffarin were to visit the shipyard Sunday.

Philippe Bouquet-Nadeaud, the shipyard's head of human resources, said the gangway was installed Friday by a company specialized in scaffolding for boats.

The accident came just four days after ship completed its second successful sea trial. The first was in September.

The Queen Mary 2 is the world's largest passenger ship at 1,138 feet long and 238 feet high - as tall as a 21-story building.

It is also the most expensive, costing $800 million to build. Once completed, the Queen Mary 2 will feature a planetarium, 22 elevators and the world's largest floating library.

The inaugural voyage is sold out, said Davis, the Cunard spokeswoman.

The Queen Elizabeth 2 whose trans-Atlantic route will be taken over by the new ship in April was built in 1967; the original Queen Mary was launched in 1934 and is now a hotel in Long Beach, Calif.

The Queen Mary 2 is being built by Alstom Marine's Chantiers de l'Atlantique, and some 800 companies, mostly French, have been involved in the construction.]]> http://www.yourlawyer.com/articles/read/6966 Fri, 07 Nov 2003 00:00:00 -0800 http://www.yourlawyer.com/articles/read/6966
The pilot, Richard Smith, was suspended for failing to produce a timetable for meeting with the city Department of Transportation and the National Transportation Safety Board, which are investigating the crash, said Tom Cocola, a spokesman for the city agency.

Smith's lawyers told the city Thursday that he remains hospitalized and they do not know when he will be able to talk with investigators.

Smith was at the controls Oct. 15 when the ferry crashed into a pier on Staten Island, injuring dozens of people. He fled the scene and attempted suicide, slitting his wrists and shooting himself with a pellet gun.

The ferry's captain, Michael Gansas, met with investigators on Thursday, but refused to answer any questions about the deadly crash.

Officials said Gansas provided his name and age, but repeatedly invoked his Fifth Amendment right against self-incrimination when it came to questions about the crash.

On Tuesday, City Department of Transportation Commissioner Iris Weinshall said a crew member had told city investigators Gansas was not in his required position in the wheelhouse to assist Smith as the ferry came in to dock, a violation of city policy.

The crew member also claimed Smith remained upright at the controls in the two minutes leading up to the crash.

Smith and Gansas had told emergency responders immediately after the wreck that Smith had passed out, possibly from blood pressure medication, and slumped over the controls.]]> http://www.yourlawyer.com/articles/read/6861 Sat, 01 Nov 2003 00:00:00 -0800 http://www.yourlawyer.com/articles/read/6861
Passengers or crew members were hurt in at least 50 accidents, the review found, but some of those were due not to crashes but to falls and other mishaps.

The statistics were gathered by the New York Times from a survey of 1,500 Coast Guard records from the last 25 years and were reported in the newspaper's Saturday editions.

Ferry operations have been under intense scrutiny since the crash last month of the Andrew J. Barberi, in which 10 passengers died. Investigations into the cause of the crash have so far focused on the possible negligence of ferry personnel.

A number of past accidents might have been far worse if not for lucky circumstances, the review found.

When 16 passengers were hurt in a hard landing accident in April 1995, for example, a Coast Guard report said "the number of injuries, and possibly fatalities, could have been much greater" if the incident had happened at rush hour.

Several accident reports cite the crowding of ferry passengers toward the front of boats before landing as a factor contributing to injuries. Ferry workers often neglect to make passengers stay seated until boats land, as ferry safety procedures dictate, Coast Guard records showed.

The city Transportation Department on Friday announced it would implement a half-dozen new safety procedures in the wake of last month's crash.]]> http://www.yourlawyer.com/articles/read/6862 Fri, 31 Oct 2003 00:00:00 -0800 http://www.yourlawyer.com/articles/read/6862
Captain Michael Gansas' medical excuse comes as Robert Rush, a mate aboard the ill-fated ferry Andrew J. Barberi, met yesterday with city lawyers and told them what he told the feds: Gansas was not in the pilothouse as required by city rules when the boat crashed.

Lawyers for Gansas, who has refused to speak with National Transportation Safety Board probers, said in court papers that he should not be forced to respond to a subpoena.

"Subjecting Mr. Gansas to additional stress, such as an interview where he would be required to describe in detail his recollection of the traumatic event, can both exacerbate and prolong suffering from the disorder," the papers said.

Investigators are trying to determine whether Gansas was in the pilothouse when the ferry crashed Oct. 15 near Staten Island's St. George Terminal, killing 10 people and injuring 72.

Gansas' lawyers issued the sworn statement a week after federal Judge Frederic Block ordered him to appear in court Nov. 5.

"Mr. Gansas is not physiologically ready to undergo the type of stress that would result from being subjected to the type of interview the NTSB has requested," the papers said.

Meanwhile, Rush was interviewed by city lawyers to discuss what he knows about the crash. Department of Transportation spokesman Tom Cocola said the agency is "reconsidering his suspension."

Assistant Captain Richard Smith, who apparently lost consciousness at the controls before the accident, was moved back yesterday to St. Vincent's Hospital after successfully undergoing angioplasty surgery at Staten Island University Hospital.

Gansas said he tried to take the controls from Smith, but witnesses have told probers he was not in the pilothouse at the time. Smith, who has been unable to speak with investigators, has been hospitalized following a suicide attempt.

The Brooklyn U.S. Attorney's Office has said Gansas could be prosecuted under a federal law that says any seaman "whose misconduct, negligence or inattention" leads to death can be charged with manslaughter.

That probe comes as Staten Island District Attorney William Murphy plans to convene a grand jury Monday to see if any criminality was involved in the disaster, sources said. ]]> http://www.yourlawyer.com/articles/read/6850 Thu, 30 Oct 2003 00:00:00 -0800 http://www.yourlawyer.com/articles/read/6850
Roslynn Mauskopf, the U.S. attorney for the Eastern District of New York, said her office would try to determine if there was criminal liability and, if so, hold those involved accountable.

Michael Gansas, the captain of the ferry that crashed into a pier, has been ordered to appear before the federal court in Brooklyn on Nov. 5. ]]> http://www.yourlawyer.com/articles/read/6851 Thu, 30 Oct 2003 00:00:00 -0800 http://www.yourlawyer.com/articles/read/6851
Prosecutors with the U.S. Attorney's office for the Eastern District of New York are "fulfilling the federal government's responsibility" to protect people on the waterways, said Roslynn Mauskopf, the head of the office.

The federal statute, officials said, deals specifically with maritime incidents, and is better tailored to the type of case than the state statute. The federal negligence law also provides for a maximum penalty of up to 10 years in prison.

Meanwhile, the Staten Island District Attorney's office will convene a grand jury as part of its investigation, spokeswoman Monica Brown said. The office has issued subpoenas for documents in the case, sources said.

If criminal charges are eventually warranted, the Staten Island prosecutor's office likely will step out of the investigation, but assign a prosecutor to the federal team, officials said.

Separately, Rep. Vito Fossella (R-Staten Island) said Capt. Michael Gansas and the crew of the Andrew J. Barberi will be asked to testify at a congressional hearing Tuesday at the College of Staten Island. Congress can issue subpoenas if the crew members choose not to attend, he said.

Officials believe Assistant Capt. Richard Smith was at the controls when the ferry crashed at full-speed into the Staten Island maintenance pier. Initial reports suggested he passed out at the controls as the result of not taking his medication, but sources said the sequence of events remains unclear.

"We have heard conflicting accounts about what happened," a law enforcement source said.

The applicable federal statute states: "Every captain, engineer, pilot, or other person employed on any steamboat or vessel, by whose misconduct, negligence, or inattention to his duties on such vessel the life of any person is destroyed, ... shall be fined under this title or imprisoned not more than ten years, or both."

In the past, the statute has been used in the Golden Venture case, in which the boat loaded with Chinese illegal immigrants ran aground off the Rockaways in 1993. Lee Peng Fei, the mastermind of the smuggling operation, was convicted in six deaths, from hypothermia or drowning, and sentenced to 20 years in prison.

An earlier version of the statute was applied in the General Slocum disaster on the East River in 1904. More than 1,000 people died in a fast-moving fire on the steamship, many of them drowning because either they couldn't swim or the rotting life preservers dragged them to the bottom of the river.

Federal authorities prosecuted Capt. William Van Schaick, under the federal negligence statute and won a 10-year conviction.

"The jury concluded that he failed to operate a safe vessel," said Edward O'Donnell, who wrote a book on the tragedy called "Ship Ablaze," published by Broadway Books. "There was no evidence that he took any steps to address problems of life preservers and lack of fire hoses or performed any fire drills."

Van Schaick served 3 years in prison before he was pardoned by President William Taft after an elaborate letter-writing campaign from the maritime community, O'Donnell said. ]]> http://www.yourlawyer.com/articles/read/6852 Thu, 30 Oct 2003 00:00:00 -0800 http://www.yourlawyer.com/articles/read/6852
Federal prosecutors are expected to convene a grand jury in coming weeks, even as the Staten Island district attorney's office and NYPD continue a separate investigation into the Oct. 15 Andrew J. Barberi tragedy.

"We have taken this action to fulfill the federal government's significant responsibility to protect the safety of the millions who travel on New York's waterways each year," said Brooklyn U.S. Attorney Roslynn Mauskopf.

Sources said the feds could charge Capt. Michael Gansas and his assistant captain, Richard Smith, under a century-old federal statute: misconduct or negligence of ship officers.

The obscure charge Title 18-1115 was leveled against officers after the General Slocum caught fire in the swirling waters off Hells Gate, killing more than 1,000 people in 1904. It was more recently used against the snakeheads who smuggled more than 300 Chinese immigrants aboard the Golden Venture, which ran aground off the Rockaways in 1993, killing 10 people.

The federal case will not deter the NYPD's probe, Commissioner Raymond Kelly said yesterday. "These are New York City citizens, residents, that died. So we are going forward with the investigation," he said.

"We've made plans to convene a grand jury and those plans remain unchanged," said Monica Brown, a spokesman for Staten Island District Attorney William Murphy.

Smith contends he passed out at the controls. He fled after the crash and attempted suicide. His lawyer has said he's not well enough to talk to investigators.

Gansas, who sources said was not in the pilot's house, as he should have been, at the time of the crash, also has not spoken to probers. His lawyer contends he is too traumatized to be grilled.

Relatives of ferry crash victims, who attended a memorial last night, praised the feds for stepping in.

"Anyway you can get answers, get these men to talk," said Debra Canini, 49, whose husband, Pio, was killed in the crash.

She was among 300 mourners gathered near the St. George Ferry Terminal. A ferry whistle blew as relatives tossed white roses into New York Harbor.

"We ask why the people of Staten Island are made to bear another burden of grief," said Mayor Bloomberg. "No investigation can answer that."]]> http://www.yourlawyer.com/articles/read/6853 Thu, 30 Oct 2003 00:00:00 -0800 http://www.yourlawyer.com/articles/read/6853
U.S. Attorney Roslyn Mauskopf said her office will investigate whether the actions of Capt. Michael Gansas or any of the other 15 crew members when the Andrew J. Barberi slammed into a dock killing 10 people and injuring 72 constituted criminality

"We will apply the full resources of the United States government to follow the facts and determine if there is criminal liability, and if so, we will hold those accountable for their conduct," she said.

Gansas, who has refused to speak to National Transportation Safety Board probers, could be charged with manslaughter if he "knowingly and willfully" caused the death of the passengers and could face up to 10 years in prison, a law enforcement source said.

Investigators are trying to determine whether Gansas was in the pilothouse, as required by city Department of Transportation regulations.

NYPD investigators have told The Post that Gansas admitted to them after the disaster that he was at the other end of the boat and was unable to take over the controls in time to avert the crash.

Gansas' lawyer did not return calls for comment.

The boat's assistant captain, Richard Smith, who was operating the boat, said he blacked out. After the tragedy, he tried to kill himself and is in critical condition at a local hospital.

At the ceremony on the St. George promenade just outside the ferry terminal, relatives of the dead threw white roses into the bay and said they hoped for answers.

"All of us need some closure," said Tara Canini-Maresca, 26, wearing a shirt that read "In Loving Memory of My Dad Pio Canini Aboard the Staten Island Ferry on October 15, 2003."

"We are not going to be at peace until we find out what happened."

More than 250 people attended the 6 p.m. ceremony, including Mayor Bloomberg.

"We're going to get answers to why this happened, no matter how long it takes, " he said.

Jose Paguay, who lost his brother, Guillermo Paguay-Sanay, said he felt better after attending the service.

"My brother deserved this ceremony," he said.

Others felt nothing could dull the pain.

"I didn't really connect with it," said Denise Marshall, who lost her 25-year-old son, Darius.

"All I could think about was my loss."

Marshall thinks the criminal investigation is necessary.

"I feel that is appropriate because my child didn't have to die," the Syracuse woman said. "That was a crime."

The announcement of the federal investigation follows plans by Staten Island District Attorney William Murphy to convene a grand jury to determine if criminal charges are warranted.

Rep. Vito Fossella (R-S.I.) will hold a congressional hearing into the accident next Tuesday at the College of Staten Island and said he expects Gansas and the other crew members to testify.

Fossella said he will ask the House Subcommittee on Coast Guard and Maritime Transportation to slap Gansas and others with subpoenas to compel them to appear. ]]> http://www.yourlawyer.com/articles/read/6839 Wed, 29 Oct 2003 00:00:00 -0800 http://www.yourlawyer.com/articles/read/6839
Both Capt. Michael J. Gansas and the pilot, Assistant. Capt. Richard Smith, are "central" to the National Transportation Safety Boards investigation, according Marjorie M. Murtagh, director of the NTSBs Office of Marine Safety.

"Capt. Gansas is the only person who can provide information about the position of the controls of the vessel at the time of the impact, and the condition of Asst. Capt. Smith immediately following the impact," according to an order to show cause filed by the U.S. Attorneys Office of the Eastern District of New York Oct. 24.

Ten people died and 70 were injured in the Oct. 15 crash when the ferry slammed into a maintenance pier at the St. George Ferry Terminal, Staten Island, N.Y., at high speed.

The U.S. Attorneys Office filed the order to show cause after Gansas failed to appear in court following an earlier subpoena.

"The progress of the NTSB investigation of this fatal accident is significantly impeded without Capt. Gansas essential testimony. And each day that goes by may result in the irreversible corrosion of that testimony," the order states.

Two of those killed, John P. Healy, 44, and Frank R. Sullivan, 46, were Middletown residents.

Gansas attorneys had agreed that he would appear for an interview in court on Oct. 21, although the NTSB tried to interview him earlier. But on Oct. 20, Gansas attorneys notified the NTSB that he would not appear voluntarily.

The NTSB issued a subpoena for Gansas to appear in court on Oct. 22.

Gansas lawyers informed the NTSB that Gansas was suffering from posttraumatic stress disorder and would not be able to appear before the investigators.

"Mr. Gansas is currently under the care of a physician as a result of the trauma and has been advised to avoid further stress in the immediate future," said his attorneys Catherine M. Foti and Stephen J. Sheinbaum in a joint statement.

Gansas is being "unfairly vilified by those who should know better," the statement says.

"Inflammatory remarks and name calling simply will not help to resolve the issues raised by this matter," the attorneys said. "Mr. Gansas plans on cooperating fully with the investigation when he is legally and medically free to do so."

NTSB investigators are continuing with the investigation and are reviewing documents and interviews obtained at the accident scene, said NTSB spokesman Keith Holloway.

The NTSB turned the matter over to the U.S. Attorneys Office after efforts to interview Gansas failed, he said.

"It will be in their hands to take further steps," he said.

NTSB investigators tested the ships steering and propulsion systems, examined the navigation equipment, and watched the operation of the transfer system, which passes control from the engine room to the wheelhouse and from wheelhouse to wheelhouse.

"The tests verified that the vessels equipment and systems performed as designed," according to the NTSB. "Witness statements gathered to date indicate that the vessel struck the pier at full speed."]]> http://www.yourlawyer.com/articles/read/6854 Wed, 29 Oct 2003 00:00:00 -0800 http://www.yourlawyer.com/articles/read/6854
Prosecutors with the US Attorney's office for the Eastern District of New York are "fulfilling the federal government's responsibility" to protect people on the waterways, said Roslynn Mauskopf, the head of the office.

The federal statute, officials said, deals specifically with maritime incidents, and is better tailored to the type of case than the state statute. The federal negligence law also provides for a maximum penalty of up to 10 years in prison.

Meanwhile, the Staten Island District Attorney's office will convene a grand jury as part of its investigation, spokeswoman Monica Brown said. The office has issued subpoenas for documents in the case, sources said.

If criminal charges are eventually warranted, the Staten Islandprosecutor's office will probably step out of the investigation, but assign a prosecutor to the federal team, officials said.

Captain Michael Gansas and the crew of the crashed ferry will be asked to testify at a congressional hearing next Tuesday at theCollege of Staten Island. Congress can issue subpoenas if the crewmembers choose not to attend, sources said.

Officials believe Assistant Captain Richard Smith was at the controls when the ferry crashed at full speed into a maintenance pier. Initial reports suggested he passed out at the controls as the result of his medication, but sources said the sequence of events remains unclear.

However, two witnesses, a crew member and a man who was on a nearby tugboat are contradicting those accounts, according to the New York Times. The witnesses said that Smith was standing erect at the controls a minute before the crash, while the ferry was traveling at nearly top speed just before docking.

The crew member, who says he was in the Staten Island-bound wheelhouse with Smith just before the incident, says Gansas was not there, according to the Times. The witness on the tugboat saysthat after the crash, he saw Gansas run across the top of the ferry, from the Manhattan-bound wheelhouse to the other wheelhouse.

Despite the distance, investigators were able to conclude that the person seen running between the wheelhouses was Gansas becauseof his distinctive uniform, worn only by captains and assistant captains on Staten Island ferries, the Times said.

Investigators, who have collected many other accounts as well, have not ruled out the possibility that Smith had become incapacitated in some way.

Smith is still hospitalized after a suicide attempt following the incident, and he has not spoken extensively with investigators.Citing trauma from the crash, Gansas has refused to answer a subpoena for an interrogation, and he has been ordered to a federal court next week to explain his lack of cooperation.]]> http://www.yourlawyer.com/articles/read/7238 Mon, 27 Oct 2003 00:00:00 -0800 http://www.yourlawyer.com/articles/read/7238
Ivette Jones is one of many people expected to file multi-million pound lawsuits against New York City following the accident on October 15, which killed 10 people and injured dozens more.

The 42-year-old claims she feels sick when she uses the ferry to get to work from her Staten Island home, and that she can no longer sleep.

Ms Jones's lawsuit names the boat's pilot, Richard Smith, who was at the controls when it smashed into the pier at high speed.

He is still in hospital after a suicide attempt following the disaster.

It also names the ship's captain, Michael Gansas, who has so far failed to answer investigator's questions.

Ms Jones' legal papers state she suffered "severe and permanent personal injuries," including "emotional distress".

The lawsuit says she was "thrown about" and "trapped" in the boat when it crashed.

Another victim of the crash, Debra Castro, 39, who lost both legs in the disaster, is seeking much less in compensation - $78 million.

Another survivor, Dinah Washington, 28, and her seven-year-old son, Jalil, have filed papers saying they will ask for $6.25 million in damages for multiple injuries.

Others who were injured, and the families of the dead, are also expected to make claims in the coming days and weeks.]]> http://www.yourlawyer.com/articles/read/6827 Thu, 23 Oct 2003 00:00:00 -0700 http://www.yourlawyer.com/articles/read/6827
"We are drawing up charges as we speak based on his refusal to cooperate," said Iris Weinshall, city transportation commissioner.

Michael Gansas, who supervised the pilot operating the ferry when the crash occurred, had refused to meet with National Transportation Safety Board investigators Tuesday, prompting federal officials to issue a subpoena. On Wednesday, Gansas's attorney, Stephen Sheinbaum, said his client remained too traumatized to speak with investigators and was under medical care.

Gansas failed to appear at the Staten Island hotel where he was supposed to meet with NTSB officials.

"Mister Gansas remains with his family as they try to deal with the tragic consequences of last week's events," Sheinbaum said. "Mister Gansas is being unfairly vilified by those who should know better."

Sheinbaum added that Gansas plans to cooperate when he is "legally and medically free to do so."

Hours before the scheduled meeting, Weinshall said she notified Gansas that he was suspended effective immediately over his refusal to cooperate.

The captain's whereabouts at the time of the Oct. 15 crash are considered a vital element of the probe because he could have provided backup if, as investigators suspect, the pilot, Richard Smith, blacked out at the throttle before the ferry plowed into a pier, killing 10 people and injuring dozens. ]]> http://www.yourlawyer.com/articles/read/6818 Wed, 22 Oct 2003 00:00:00 -0700 http://www.yourlawyer.com/articles/read/6818
The board took the unusual step after six days of legal wrangling with attorneys for Captain Michael Gansas, 38, who suddenly withdrew an offer to talk hours before the meeting.

"We are disgusted that Captain Gansas, a New York City employee . . . is not cooperating" with the NTSB, city Transportation Commissioner Iris Weinshall said last night. "In light of the loss of life, it is outrageous."

The NTSB issues only a few subpoenas seeking hostile witnesses out of the 2,500 air, road, and maritime accident investigations it conducts each year, agency officials said.

In 1989, the NTSB issued a subpoena to the captain of the Exxon Valdez after he ran the oil tanker aground in Alaska. Subpoenaed witnesses have the right to counsel and can invoke the Fifth Amendment, a board spokesman said.

If Gansas fails to show up today, he could be arrested by US marshals and fined or jailed.

Calls to Gansas' attorney, Catherine Foti, were not returned.

NTSB investigators also have not interviewed Assistant Captain Richard Smith, 55, who remains hospitalized after attempting suicide. Although witnesses say Smith is awake and alert in his hospital bed, officials want him to recover further before interrogating him, said NTSB spokesman Keith Holloway.

Staten Island District Attorney William Murphy said yesterday that he would consider giving some crew members immunity from prosecution as a way of getting information.

Investigators think Gansas may have violated city regulations by failing to remain alongside Smith while the Andrew J. Barberi was in motion.

According to law enforcement sources, Smith passed out at the helm, sending the 3,000-ton vessel on a collision course with a concrete maintenance pier.]]> http://www.yourlawyer.com/articles/read/6826 Wed, 22 Oct 2003 00:00:00 -0700 http://www.yourlawyer.com/articles/read/6826
Michael Gansas who could have provided backup for the pilot, Richard Smith wouldn't meet with investigators from the National Transportation Safety Board on Tuesday and that prompted federal officials to issue a subpoena.

Smith reportedly lost consciousness at the controls, prompting the crash that killed 10 people and left dozens hurt.

Gansas' refusal to cooperate also caused him to be suspended from his job.

New York Mayor Michael Bloomberg said he considered it "an outrage" that somebody with information refuses to talk.

"A person like that has no business working for the city, and we will take every legal action we can to get his testimony," Bloomberg said.

On Wednesday, his attorney said Gansas is still too traumatized to speak about the crash. He said Gansas is being "unfairly vilified."

It's not clear if Gansas will be held in contempt for refusing to meet with investigators, who are trying to find out where he was in the minutes leading up to the crash, when the massive ferry slammed into the wood pilings as it approached its dock.

Smith remains in critical condition after a suicide attempt. His attorney said Smith is not yet able to talk.

A source told The Associated Press that the ship's captain indicated the pilot was "slumped forward" and could have hit the throttle, sending the ferry speeding toward the pier. ]]> http://www.yourlawyer.com/articles/read/6789 Mon, 20 Oct 2003 00:00:00 -0700 http://www.yourlawyer.com/articles/read/6789
Capt. Michael Gansas has been ordered to appear before a National Transportation Safety Board panel Tuesday and explain exactly what he was doing when the Andrew J. Barberi hit a dock at the St. George Terminal.

Investigators, who have begun gathering background information on the crew, already are checking Gansas' story that he was on the bridge when pilot Richard Smith passed out at the controls -- but could not stop the boat from crashing.

"We do not yet know all the circumstances on the bridge," said NTSB head Ellen Engleman. "We have received conflicting reports."

Gansas, 38, who is on medical leave, could not be reached for comment at his home in Hazlet, N.J. The skipper's attorney, Bill Bennett, declined to comment on what he called "an unfortunate accident."

Under city Department of Transportation rules, Gansas should have been ready to grab the controls if something happened to Smith. "If the policywas implemented at the time of the accident, we don't know," Engleman said.

But city officials looking into New York's worst maritime disaster in decades -- a cataclysm that injured 64 people, including three who lost limbs -- told the Daily News earlier that Gansas was below decks and "definitely was not where he was supposed to be."

His testimony will become part of a 72-hour history leading up to the crash that NTSB investigators are compiling. The feds have all but ruled out the gusty weather and mechanical failure as causes of the crash.

Federal investigators also issued a subpoena for additional blood and urine samples from Smith to find out whether he was taking prescription medicine -- and whether the drugs figured in the disaster.

Gansas, Smith and the other crew members have tested negative for illegal drugs and alcohol.

Smith, 55, who tried to kill himself after the crash by slashing his wrists and shooting himself with a powerful pellet gun, remained in critical condition at St. Vincent's Medical Center on Staten Island. He has not been questioned by investigators.

After the 3,335-ton craft hit the dock at 3:20 p.m. Wednesday and impaled itself on the concrete pilings, Smith fled to his Staten Island home.

He told the paramedics who found him bleeding on a bathroom floor that he had high blood pressure and was on medication. But a source close to the investigation said yesterday there was no indication that Smith suffered from hypertension when he was recertified by the Coast Guard in 2000. Recertification must be done every five years and requires a physical.

Meanwhile, DOT spokesman Tom Cocola refuted a New York Post report that Smith had been reassigned to the Potter's Field run in 1997 after defying then-Commissioner Christopher Lynn. "There's nothing in Smith's personnel record to reflect this," Cocola said, adding that Lynn had disciplined a different ferry pilot.

Smith's lawyer, Alan Abramson, said his client had an "exemplary" record but that he has not been able to interview him about the disaster.

Engleman also denied another Post report that the ferry sped up just before it crashed into the dock. "It neither sped up or slowed down," she said.

The 310-foot vessel, which was carrying 1,500 passengers, was moving at its normal cruising speed of 17 to 19 mph when it crashed.

"Passengers have reported to us that there were no warnings, no whistles," Engleman said.

The Coast Guard towed the wounded boat to the Brooklyn Navy Yard on Saturday, where it could remain for a year.]]> http://www.yourlawyer.com/articles/read/6790 Mon, 20 Oct 2003 00:00:00 -0700 http://www.yourlawyer.com/articles/read/6790
Councilman John Liu, who chairs the council's transportation committee, says the hearings won't interfere with a federal inquiry into the crash. He says they'll take a look at dangers created by regulations that may be outdated. For one thing, he says he's disturbed "that so many lives appear to be in the hands of a single individual." He also questions why a warning signal was not part of the boat's equipment.

Another councilman says he expects the city's transportation commissioner will be asked to testify.
]]> http://www.yourlawyer.com/articles/read/6802 Mon, 20 Oct 2003 00:00:00 -0700 http://www.yourlawyer.com/articles/read/6802
Councilman John Liu said the hearings which will be scheduled for mid-November would not replace a federal inquiry into the collision, but would look at whether customers are endangered by outmoded regulations.

"I'm disturbed I think many people are disturbed that so many lives would appear to be in the hands of a single individual," Liu (D-Flushing) said in an interview yesterday. He said the crash appeared to be what one might expect in a "primitive" era "something that happened 50 years ago."

He also questioned why the boat was not equipped with a warning signal, like he said one might expect on an airplane.

Tom Cocola, a spokesman for the city Department of Transportation, declined to comment.

Councilman Michael McMahon (D-Staten Island) said he anticipated Department of Transportation Commissioner Iris Weinshall would be among those asked to testify.

Talk of the hearings yesterday came as officials discussed having a memorial ceremony, details of which weren't announced. Mourners, meanwhile, pondered how a routine commute could turn so calamitous.

"He didn't deserve this," said Jessica Bagarozza, whose husband, Joseph, was mourned at a wake in the Great Kills section. Bagarozza, 35, a Wall Street clerk, left behind a daughter, Kristen, 10.

Standing outside the Casey McCallum-Rice Funeral Home, Jessica Bagarozza's sadness rose to anger.

"He had a 10-year-old daughter, who doesn't have a dad because of this stupid, stupid, stupid veering, or whatever it was," she said.

A spokesman for the National Transportation Safety Board, the lead investigatory agency looking into the 3:20 p.m. accident, said investigators spent yesterday studying documents related to the ferry, and did no interviews with witnesses or ferry officials.

The spokesman, Keith Holloway, said investigators had not yet interviewed either the pilot, Richard Smith, who was behind the wheel that day, or the captain, Michael Gansas, who under city guidelines was supposed to be with Smith as the ferry moved.

Witnesses have given conflicting information to federal officials, according to an investigator who spoke to Newsday on condition of anonymity.

Smith, who tried to commit suicide after the crash, remained hospitalized at St. Vincent's Staten Island Hospital; Gansas is to meet with investigators tomorrow.

At the Colonial Funeral Home on Hylan Boulevard, a steady stream of mourners paid respects to another crash victim, Pio Canini, 52, a carpenter and home builder from the Rosebank section.

"He built homes all over the eastern seaboard - North Carolina, Virginia," said Canini's son, Keith, adding that his father emigrated from Italy at about age 12, and built his first home at about 15.

Family members said yesterday that they had come up with a motto to describe Pio Canini "hands and heart of gold."

"He was a wonderful person, who would do anything for anyone," Keith Canini said, standing outside the funeral home in a chilly afternoon. "He valued family and friends not money."

At Bagarozza's wake, a friend said the crash came as Bagarozza was hurrying home to see the Yankees in Game 6 of the American League Championship series. "He always rushed home, to see the Yankee games, to make sure he doesn't miss it," said his friend John DiStefano, who added that the pair were looking to buy tickets to Game 7, but first wanted to see the results of Wednesday's game.

Beside Bagarozza's open casket near pictures from his youth stood a flower display arranged in a Yankee insignia.

DiStefano said he was sure his friend had been watching the Yankee's dramatic come-from-behind victory in Game 7 on Thursday, and added: "The Yankees better win this World Series."

But DiStefano said Bagarozza's real love was his daughter.

"He had so many dreams," he said. "He had so many dreams and goals for the betterment of his daughter."

Jessica Bagarozza said her daughter knew what happened to her father.

"She just cried," she said. But the finality of the loss had yet to sink in.

"She won't understand it 'til he's gone a few weeks," she said.]]> http://www.yourlawyer.com/articles/read/6805 Mon, 20 Oct 2003 00:00:00 -0700 http://www.yourlawyer.com/articles/read/6805
BUT LAST WEDNESDAY afternoon the Staten Island Ferry3,335 tons of steel the length of a football fieldsmashed into a concrete pier at 17mph, slicing the boat open like a sardine can. Exploding plastic seats and snapped I-beams decapitated passengers and severed limbs.

The disaster, which killed 10 of the 1,500 aboard and injured 65, was New Yorks worst maritime accident in generations. Authorities quickly ruled out strong winds or mechanical malfunction as the cause, and trained their attention on the man at the wheel, Assistant Capt. Richard Smith.

The 55-year-old veteran pilot apparently lost control well before reaching berth. He was slumped in his captains chair, phased out but not totally blacked out, said Michael McMahon, a New York city council member from Staten Island. Amid the mayhem, Smith, who was uninjured in the crash, fled for home.

He locked himself in a bathroom, slashed his wrist and shot himself in the chest with a pellet gun. But the apparent suicide attempt failed. On the way to the hospital, Smith reportedly told police officers that he had taken blood-pressure medication before the accident, pills that can cause dizziness and fainting.

Authorities are investigating whether Smithwho hasnt spoken publicly since the tragedysimply panicked after realizing the enormity of the accident. Tests for alcohol and illegal drugs in his system came up negative. Neighbors say Smith, who lives in Staten Island with his wife and daughters, was a quiet type who played classical music and liked gardening and tinkering with his old Ford.

If he had health problems, his friends were unaware. Hes the kind of guy who would feel so responsible for this that it might drive him to do something like suicide, said Stella LoBianco, a neighbor. Coincidentally, Smith had been cleared of wrongdoing in a less serious mishap at the same terminal, with the same boat, in 1995.
If Smith had known his blood-pressure medication could impair him, he could be open to criminal charges. Meanwhile, authorities want to know why the ferrys captain, Michael Gansas, who was supposed to have been at Smiths side in the wheelhouse, was apparently somewhere else on the boat.
It was a mental malfunction or medical malfunction, McMahon says, and the backup was not in place to avert this horrible accident. (Gansas reportedly told police and fellow crew members he was in the wheelhouse.) The full investigation could take as long as a year. ]]> http://www.yourlawyer.com/articles/read/6791 Sun, 19 Oct 2003 00:00:00 -0700 http://www.yourlawyer.com/articles/read/6791
Officials from the Department of Transportation the city agency in charge of the ferry fleet refused to answer most of a 10-item questionnaire sent by The Post aimed at discovering why the Andrew J. Barberi was speeding at 17 mph seconds before it hit land.

"The National Transportation Safety Board is the primary agency conducting the active investigation of the accident," wrote DOT Transportation Department spokesman Tom Cocola.

"The public, the families affected by the accident and the city are not served by piecemeal fact finding in the press nor by fact finding based on conjecture or rumor."

Cocola said Capt. Michael Gansas was not originally scheduled to work the day of the accident, but wouldn't go into detail about how much notice he had before reporting to work.

Cocola confirmed that the powerhouse - also known as the pilot house - is supposed to be locked and that other members of the crew have radios in case of emergency.

But he wouldn't say if crew members on the ill-fated boat attempted to warn the captain of the impending disaster.

Transportation officials also refused to comment on reports that Gansas was not in the ship's powerhouse when the ship was scheduled to dock - which would be a direct violation of policy.

But one crewman with 17 years' experience aboard Staten Island Ferries found that explanation hard to swallow.

"I have never known a situation where someone was left alone in the powerhouse to dock the ferry," said the navigation mate, who did not want to be identified. He was not aboard the Barberi during the crash.

"The guy at the controls gets kind of cranky if he hasn't got his lookout there with him, giving him the 360 [degree view] on what's around and about."

Asked if it was possible that Assistant Captain Richard Smith slumped onto the controls and Gansas was unable to lift him off in time to reverse the throttle, the crew member said, "Maybe."

NTSB officials will interview Gansas on Tuesday.

Smith remained in critical condition last night following a botched suicide attempt in which he slit his wrists and shot himself in the chest with a high-powered pellet gun.

Two NTSB officials were at the St. George terminal yesterday taking pictures of everything around the dock but refused to comment on the investigation. ]]> http://www.yourlawyer.com/articles/read/6804 Sun, 19 Oct 2003 00:00:00 -0700 http://www.yourlawyer.com/articles/read/6804
The first notice of claim against the city was filed Friday on behalf of a ferry passenger and her 7-year-old son, seeking $10 million.

The promises of lawsuits came within four days of the crash, and before the National Transportation Safety Board had finished the investigation into its cause.

NTSB investigators completed the bulk of their work aboard the ferry, which sat near the Staten Island shoreline as they sifted through its twisted metal, splintered wood and broken glass, and are now increasingly focusing on the crew, particularly its pilot.

The NTSB issued a subpoena Friday seeking blood and urine samples from pilot Richard Smith to determine if he was taking prescription medicine on the day of the crash. The ferry's captain, Michael Gansas, told investigators that he saw Smith unconscious and slumped over the controls before the crash.

Smith, who authorities say tried to commit suicide after the wreck, remained hospitalized in critical condition Saturday. Investigators hoped to determine if high blood pressure medication caused him to collapse.

The Andrew J. Barberi was going full throttle, about 17 mph, when it went off course Wednesday afternoon and hit the concrete maintenance pier hundreds of feet from its normal slip, crushing the ferry's lower side.

In addition to the 10 people killed, more than 60 were injured, including three who lost limbs. Fourteen people were still hospitalized as of Saturday evening.]]> http://www.yourlawyer.com/articles/read/6792 Sat, 18 Oct 2003 00:00:00 -0700 http://www.yourlawyer.com/articles/read/6792
The pilot, Richard Smith, was in critical but stable condition Friday after an apparent suicide attempt shortly after the incident.

Ellen Engleman, chairwoman of the National Transportation Safety Board, said that toxicology tests on Smith's blood and urine taken in the hospital were negative for alcohol and illegal drugs.

He won't be interviewed until his medical condition improves, she said.

Investigators were examining Smith's medical records to determine if a health condition, such as high blood pressure, could have caused him to faint or collapse.

Engleman said that the entire crew of the ferry has been tested for illegal drugs and those results will come back in the next two weeks.

Engleman declined to comment on news reports that the ship's captain, Michael Gansas, might not have been on the craft's bridge at the time of the accident, a violation of New York City regulations.

The rule assures that someone can take over if the pilot is incapacitated during docking.

Victims' families have responded to the reports by demanding that Gansas pay for his alleged neglect.

But Engleman said that witness accounts of who was on the bridge have been conflicting.

"We will not speculate or offer secondhand information or rumors on that issue until we know for sure," she said.

The safety board has not talked to Gansas but said that his lawyer has agreed to an interview Tuesday.

A Breathalyzer test on Gansas two hours after the crash was negative for alcohol, she added.

Despite the negative alcohol and drug tests on Smith and Gansas, human error was clearly emerging as the dominant theory for the accident, which caused a gruesome, terrifying scene Wednesday.

Those who survived the crash watched others lose limbs as part of the ship was ripped open.

In addition to the deaths, about 60 people were injured.

Engleman discounted weather conditions and mechanical problems as possible causes for the accident.

"There is no sign of mechanical or engine trouble," she said at a news conference near the dock where the wrecked ferry remained, partially covered by a blue tarp. "There was no loss of power or propulsion control. There were no alarms."

Engleman said that the boat did not slow down as it approached the dock.

"It neither sped up or slowed down at the time of the accident," she said. "Operating speed of this vessel is 15 or 16 miles per hour."]]> http://www.yourlawyer.com/articles/read/6794 Sat, 18 Oct 2003 00:00:00 -0700 http://www.yourlawyer.com/articles/read/6794
If Smith had been incapacitated for that long, officials speculate, it would mean Capt. Michael Gansas either was in the pilot house but powerless to act for about 10 minutes, or that he was nowhere near the pilot house where Smith was guiding the boat.

By the time the Andrew J. Barberi reached Staten Island, the boat was off-course by more than four football fields.

"If he was veering off course the way he veered off course, it could indicate the problem occurred before he was docking," said one official involved in the investigation with knowledge of how the ferry is supposed to operate. "Something happened. My guess is something happened in the middle of the ride."

National Transportation Safety Board Chairwoman Ellen Engleman said the ferry crashed at full speed 15 to 17 mphindicating it was not preparing to dock. The crash Wednesday killed 10 people and injured 59.

The high winds that day were within operational guidelines, Engleman said, and "there are no signs of mechanical or engine troubles."

"There was no loss of power or propulsion control," she said. "There were no alarms. The engine room is fully intact."

The ferry is not equipped with an emergency shut-off switch, but had Gansas been on the bridge with Smith, as city Department of Transportation procedures call for when the ferry is moving he might have been able to guide the boat to safety, investigators believe.

A review of radio transmissions between the crew and authorities on land shows there was no communication until after the crash, Engleman said. That would suggest crew members tried to handle the emergency themselves or had no time to call for help once they realized what was happening.

Gansas reportedly told police immediately after the crash that he saw Smith blacked out and tried to take control.

Engleman said Gansas has not talked to federal investigators, but his lawyer has scheduled a meeting between the captain and authorities Tuesday.

"Did the captain do what he claimed to do? ... That's the fundamental question," said the official with knowledge of the probe.

Four of the other 13 crew members have been interviewed by the NTSB.

Smith, an 18-year ferry veteran, remains hospitalized after trying to commit suicide after the crash.

Blood alcohol tests conducted on him and five other crew members, including Gansas, were negative, Engleman said. Smith also tested negative for narcotics, she said. Drug tests on other crew members will take about two weeks to complete, and the NTSB will subpoena Smith's medical records, including any history of prescription medication, Engleman said.

Sources have said Smith told police responding to his suicide attempt that he had blacked out because he had not taken his blood pressure medication.

Engleman said the NTSB will review all of Smith's personnel files, including those pertaining to hours worked.

At Smith's request, the DOT downgraded him in May to assistant captain, from provisional captain, because it allowed him to work steadier hours.

The move also meant a pay cut of $6,000, but sources said Smith made up for the loss by working overtime. His annual salary, not including overtime, is $50,144, said Tom Cocola, a DOT spokesman.

It was unclear how many hours of overtime Smith had logged this year, but one law enforcement source said he believed Smith had doubled his salary last year by working extra hours.

Sources said Smith could face criminal charges for leaving the scene of an accident.

His work history with the DOT shows he has earned "outstanding" evaluations and twice has been awarded letters of commendation, one for piloting the Barberi through a 1995 mechanical failure that caused it to slam into a dock, injuring several people. ]]> http://www.yourlawyer.com/articles/read/6795 Sat, 18 Oct 2003 00:00:00 -0700 http://www.yourlawyer.com/articles/read/6795
The pilot, Richard Smith, was hospitalized in critical but stable condition Friday after an apparent suicide attempt shortly after the incident.

Ellen Engleman, chairwoman of the National Transportation Safety Board, said that toxicology tests on Smith's blood and urine taken in the hospital were negative for alcohol and illegal drugs. He won't be interviewed until his medical condition improves, she said.

Investigators were also examining Smith's medical records to determine if a health condition, such as high blood pressure, could have caused him to faint or collapse.

Engleman said that the entire crew of the ferry has been tested for illegal drugs and those results will come back in the next two weeks.

Engleman declined to comment on news reports that the ship's captain, Michael Gansas, might not have been in the boat's bridge at the time of the accident, in violation of New York City regulations. The rule guarantees that someone can take over if the pilot is incapacitated during docking.

But Engleman said that witnesses have given conflicting accounts of who was on the bridge.

"We will not speculate or offer second-hand information or rumors on that issue until we know for sure," she said.

The NTSB has not talked to Gansas but said his lawyer has agreed to an interview Tuesday.

A Breathalyzer test on Gansas two hours after the crash was negative for alcohol, Engleman added.

Despite the negative alcohol and drug tests on Smith and Gansas, human error was clearly emerging as the dominant theory for the accident, which caused a gruesome, terrifying scene on Wednesday. Those who survived the crash watched passengers lose limbs and even be decapitated as part of the ship was ripped open.

In addition to the deaths, about 60 people were injured.

Engleman discounted weather conditions and mechanical problems as possible causes for the accident.

"There is no sign of mechanical or engine trouble," she said at a press conference near the dock where the wrecked ferry remained, partially covered by a blue tarp. "There was no loss of power or propulsion control. There were no alarms."

Some who ride the ferry regularly said they felt it was going faster than normal.

But Engleman said that the boat "neither sped up or slowed down at the time of the accident. Operating speed of this vessel is 15 or 16 miles per hour."]]> http://www.yourlawyer.com/articles/read/6796 Sat, 18 Oct 2003 00:00:00 -0700 http://www.yourlawyer.com/articles/read/6796
The National Transportation Safety Board has issued a subpoena to take additional blood and urine samples from the ferry's pilot, Assistant Capt. Richard Smith, who apparently blacked out at the wheel in the moments before the 310-foot Andrew J. Barberi rammed a Staten Island pier, killing 10 and injuring more than 60.

While previous tests showed Smith had no illegal drugs or alcohol in his system, investigators want to determine whether he had been using prescription medication and, if so, whether it played a role in his collapse.

The 55-year-old pilot, who attempted suicide immediately after the crash, suffers from high blood pressure.

Investigators also have focused increasing attention on the ferry's captain, Michael Gansas, 38, of Hazlet. NTSB chairwoman Ellen G. Engleman yesterday said authorities do not yet know whether Gansas was in the forward pilot house with Smith, as required by the New York City Department of Transportation, or elsewhere on the 3,300-ton boat.

According to published reports, Gansas was in a second pilot house, at the Barberi's rear, when he noticed the vessel was off course and traveling too fast to dock. By the time he tried to navigate out of danger, it was too late.

"We don't know all the circumstances on the bridges," Engleman said. "We have received conflicting reports."

Gansas will be formally interviewed by the NTSB on Tuesday. Like Smith, he had no alcohol or illegal drugs in his system at the time of the crash, among the worst ferry disasters in the city's history.

Gansas, who has been on sick leave since the accident, could not be reached yesterday. His lawyer, Bill Bennett, would not comment on the investigation or the crash.

"Obviously this is a terrible tragedy," Bennett said. "Mr. Gansas' thoughts and prayers are with the families of all those affected by this unfortunate accident."

Investigators have been unable to question Smith, who remained in critical but stable condition last night at St. Vincent's Hospital-Staten Island. Engleman said Smith will be interviewed when it is "medically prudent." In the suicide attempt at his Staten Island home, Smith cut his wrists and shot himself in the chest with a high-powered pellet gun.

Scrutiny of the two captains has grown with the diminishing possibility of other causes.

Engleman yesterday said an inspection of the ferry's engines, controls, alarm systems and other equipment revealed no problems, though mechanical failure has not been officially ruled out.

The NTSB likewise has found that Wednesday's high winds, which gusted to 50 mph, likely played no role. Staten Island ferries routinely navigate under much worse conditions, Engleman said.

Based on a review of personnel records, the NTSB has concluded that Smith and Gansas were "well-rested and trained" prior to the accident, Engleman said.

Both men, officials say, have exemplary records.

Gansas, a U.S. Navy veteran, joined the ferry service in 1990 as a provisional deckhand, working his way up the ladder with regular grades of "outstanding" on his performance evaluations, according to biographical information provided by the city DOT.

In 1991, he received a commendation for rescuing a passenger who had jumped overboard.

Gansas moved to the Monmouth County community of Hazlet about two years ago with his wife and two young children, a boy and a girl, neighbors said.

Smith, an Air Force veteran, started working on Staten Island ferries in 1985, winning promotions from deckhand to assistant captain and, in 1996, to provisional captain. Rated "outstanding" on his evaluations, he has received two commendations, both for maintaining composure during mechanical failures, in 1990 and 1995, on the 22-year-old Barberi.

In the 1995 incident, a propeller failed to reverse, causing the Barberi to bump a pier at the St. George terminal, also the scene of Wednesday's crash. Several people were injured in the rough landing.

Part of Smith's record was in dispute yesterday. A former DOT commissioner, Christopher Lynn, said in an interview with the Associated Press that he had removed Smith from the ferry service in 1997 after Smith refused an interview with an inspector and barred the man from the captain's quarters. Lynn said he ordered Smith transferred to a vessel that carries corpses to a potter's field.

"I drew a very negative imprint from the fact that he wouldn't let the inspector in," Lynn said.

A DOT spokesman, Tom Cocola, sharply disputed Lynn's account, saying that while Smith sometimes handled the potter's field run, he did so only as a substitute on an "as-needed" basis.

"We emphatically deny these scurrilous accusations," Cocola said in a statement.

Smith remained a full captain until May of this year, when he requested a demotion to assistant captain. The DOT offered no detail on the reason for the request. But a friend and former co-worker of Smith, retired ferry Capt. Ted Costa, 79, said the move to a lower rank gave Smith more seniority, allowing him greater flexibility in choosing shifts, boats and crews.

Costa offered only praise for Smith, calling him a responsible, conscientious captain who never neglected his duties.

"I can't believe it's him," said Costa, who worked at the ferry service for 44 years. "No one in the crew will say anything bad about him. He was always in the right place at the right time."

If, as suspected, Smith did lose consciousness, investigators want to know why, but a conclusion might not be easy to reach. While published reports have differed on whether Smith took his blood pressure medication, several cardiologists yesterday said they found it unlikely that either scenario would cause someone to pass out.

"I see a big question mark here," said David M. Shindler, a cardiologist at the UMDNJ-Robert Wood Johnson Medical School in New Brunswick.

Doctors said people who fail to take their medication could see their blood pressure rise, possibly causing a headache or chest pressure. "But it's usually not heralded by a blackout," said Marc Cohen, chief of cardiology at the Heart Hospital of New Jersey at Newark Beth Israel Medical Center.

Patients new to the medicine, meanwhile, or those taking too much of it could become light-headed or fatigued, doctors said. "But quite frankly, you don't pass out completely," Cohen said. ]]> http://www.yourlawyer.com/articles/read/6797 Sat, 18 Oct 2003 00:00:00 -0700 http://www.yourlawyer.com/articles/read/6797
They also said Friday that tests showed neither of the ferry pilots was under the influence of illicit drugs or alcohol.

Investigators are now focusing on the actions of Assistant Capt. Richard "Jeff" Smith, 55, who piloted the boat and reportedly collapsed at the helm before the ferry hit wooden pilings several hundred yards from the docking terminal. The National Transportation Safety Board has issued a subpoena for blood and urine samples from Smith, who had not been interviewed by authorities. The NTSB plans to look for traces of the medications he may have been taking.

Smith fled the scene as soon as the heavily damaged ferry docked, returning to his home on Staten Island where he slit his wrists and shot himself in the chest with a pellet gun.

In the days since then, two contradictory portraits have emerged of Smith, who is hospitalized in critical condition. A former commissioner at the city's Department of Transportation describes Smith as a difficult man who barred a senior official from the bridge and refused to abide by overtime regulations. But friends and co-workers say he is an affable neighbor and devoted worker.

Christopher Lynn, a former commissioner with the New York City Department of Transportation, said he disciplined Smith in 1997 after he refused to allow a deputy commissioner into the pilot's wheelhouse.

Lynn said he had reassigned Smith to pilot a small boat that ferried corpses to Potter's Field, a burial plot for the indigent. Upon hearing that Smith was back at the helm of the Staten Island ferry boat known as the "Andrew J. Barberi" at the time of accident, Lynn said: "It's maddening to me, and not just for the dead. There are all those people who were maimed. My first question is [who] put him back?"

A Transportation Department spokesman disputed Lynn's comments, noting that Smith's records showed no disciplinary actions nor evidence of an official transfer. The spokesman said that while Smith and other pilots filled in occasionally on the Potter's Field run, Smith mainly piloted the Staten Island ferry. Smith last piloted the Potter's Field run four years ago.

Smith was involved in two earlier incidents. After a 1995 ferry accident that injured 16 people, investigators concluded that the cause was mechanical failure. Several weeks later, Smith received a departmental commendation for safely navigating a ferry into port after another mechanical failure.

City Councilman Michael McMahon, a Staten Island Democrat, said he had received several reports that "safeguards were not being enforced" on the ferries. Although the U.S. Coast Guard requires only one captain, or pilot, on the bridge, the city's Department of Transportation requires two pilots to work together at all times.

McMahon said he had been told that the captain, Michael Gansas, was not on the bridge with Smith, the ferry's assistant captain, at the time of the accident. The councilman declined to reveal his sources. NTSB Chairman Ellen G. Engleman said her agency has received conflicting reports about what transpired on the bridge of the three-ton ferry.

In Smith's Staten Island community, neighbors struggled to reconcile criticism of Smith with their image of the tall, bearded man who recently became a grandfather and who puttered around the yard outside his brick-red corner home. Known as Westerleigh, it is a close-knit neighborhood of police officers, firefighters and construction workers. A few years ago, the community organized a fundraiser for a neighbor diagnosed with Lou Gehrig's disease, and Smith manned a table.

"When I tell you this neighborhood loves each other, it's unbelievable," said Maryann Sandberg, who has lived there for years. "When I heard of the accident, I was afraid that 10 people on our block could have been on that ferry. I was even more devastated when I found out that Jeff was involved." ]]> http://www.yourlawyer.com/articles/read/6780 Fri, 17 Oct 2003 00:00:00 -0700 http://www.yourlawyer.com/articles/read/6780
In comments that suggested the investigation was focusing now on human elements, National Transportation Safety Board Chairwoman Ellen Engleman said weather was not a factor and there were no signs of mechanical failure.

Authorities have been looking into whether Assistant Capt. Richard Smith's blood-pressure medication caused him to slump at the controls as the ship approached shore. Smith attempted suicide after the wreck and remains hospitalized.

Engleman said Smith tested negative for illegal drug and alcohol use, but officials now want additional blood and urine samples to see if he was taking any other medication.

"We have issued a subpoena to determine if there were prescription drugs involved," Engleman said.

The ferry was going at full throttle about 17 mph when it slammed into a concrete pier at the end of a routine run to Staten Island on Wednesday, Engleman said.

"It neither sped up or slowed down," she said. Some eyewitnesses had suggested the ferry increased its speed before the deadly crash.

The ferry's captain, who was scheduled to meet with investigators on Tuesday, tested negative for alcohol use, as did five other crew members, she said.

The ferry Andrew J. Barberi, carrying around 1,500 passengers from lower Manhattan to Staten Island, veered wildly off course Wednesday afternoon, crashing into a maintenance pier hundreds of feet from the slip where it normally docks. In addition to the 10 who died, 65 people were injured, including three who lost limbs.

Investigators confirmed that Smith also was at the helm of the Andrew J. Barberi when it crashed into the Staten Island dock in July 1995, injuring some passengers. That accident was blamed on a propeller failure, and Engleman said no negligence or misconduct was found.

In 1997, Smith was transferred off captain's duty on the Staten Island ferry after he refused to let an inspector interview him and inspect the captain's quarters, said Christopher Lynn, then the city's transportation commissioner. Spot inspections were being undertaken to look for overtime abuse and other problems.

Lynn said Friday that because of the clash, he transferred Smith to command a boat that ferried corpses to a potter's field.

"I drew a very negative imprint from the fact that he wouldn't let the inspector in," said Lynn, who first spoke to the New York Post. "When you have somebody that's carrying 6,000 people in a boat that cost $25 million, I took him off that."

Lynn, who left the commissioner's post in late 1997, said he was stunned to learn that Smith was at the controls of the crashed ferry. "I thought I had solved that problem," he said.

"I felt like someone punched me in the stomach when I saw that name," he said.

Smith, 55, was listed in critical but stable condition. Authorities said he bolted from the scene of the crash and twice attempted suicide at his home, slitting his wrists and shooting himself with a pellet gun. He spoke with police Wednesday but was not interviewed in depth, Engleman said. Investigators will talk to him when it is "medically prudent," she said Friday.

Investigators also were examining conflicting reports on the positions of other crew members.

Under city Department of Transportation procedures, the pilot and captain are typically both in the pilot house as the boat enters port. "If the policy was implemented at the time of the accident, we don't know," Engleman said earlier.

The NTSB, which is leading the probe, began interviewing deckhands and engineering crew members Thursday, as well as survivors of the crash and their families.

The possible role of prescription drugs emerged in comments Thursday by City Councilman Michael McMahon, who represents part of Staten Island, after a briefing with city officials. He said Smith collapsed at the controls and appeared to have lost consciousness because of "health problems and medication" reportedly for a blood pressure problem.

"By the time the other captain could get control of the ship, it was too late," McMahon said.

An attorney representing Smith, Alan Abramson, spoke with the pilot's wife Thursday and issued a statement saying the family hopes "people will not rush to judgment."

The hobbled ferry was moored next to the terminal where thousands of commuters boarded ships Thursday as service was restored. The ferries, with their free 25-minute cruises across New York Harbor, ordinarily carry 70,000 people daily between Staten Island and lower Manhattan. ]]> http://www.yourlawyer.com/articles/read/6782 Fri, 17 Oct 2003 00:00:00 -0700 http://www.yourlawyer.com/articles/read/6782
At a briefing near the crippled vessel, National Transportation Safety Board Chairwoman Ellen Engleman provided new details about the investigation that suggested authorities were focusing on the human element in Wednesday's wreck, which killed 10 passengers.

She said a federal subpoena was issued for tests that could determine if blood-pressure medication taken by Assistant Capt. Richard Smith may have contributed to the wreck. Smith attempted suicide shortly after the crash and remains hospitalized.

Investigators also said they would interview the ferry's captain, Michael Gansas, whose whereabouts at the time of the crash have been the subject of speculation. Authorities were looking into whether Gansas was in position to take over for the pilot if he were stricken.

Gansas told investigators that he saw Smith slumped forward over the throttle just before the crash.

No criminal charges have been filed against Smith, although authorities said he immediately fled the scene of the horrific accident, leaving behind dozens of maimed and injured passengers. Three people lost limbs and more than 60 others were injured as the ferry slammed into a concrete pier.

Tests have indicated Smith was not drinking or using illegal drugs before the accident.

Federal investigators have not spoken to Smith because of his medical condition, Engleman said, and it was unclear when they might be able to interview him. Smith's attorney has said his client's family hope "people will not rush to judgment."

Gansas is scheduled to meet with the NTSB on Tuesday. Authorities are expected to ask whether he was in the wheelhouse with Smith at the time of the crash.

City procedures but not Coast Guard regulations require both men to be there when the ferry is moving, but investigators say they have received conflicting reports as to the captain's whereabouts. Gansas has retained an attorney, but union and city officials have not identified the lawyer.

Gansas did not return messages left at residential numbers listed in his name in New Jersey and Staten Island.

Gansas has been on sick leave since the accident, city Transportation Department spokesman Tom Cocola said. Besides Gansas and Smith, the other crew members on the crashed ferry have returned to work, he said.

The Andrew J. Barberi was going at full throttle about 17 mph at the time of the crash, Engleman said.

"It neither sped up or slowed down at the time of the accident," she said. Some eyewitnesses had suggested the ferry accelerated before crashing.

Engleman said the weather was not a factor in the crash despite choppy waters and winds of close to 40 mph. There were no signs of mechanical failure, she added.

Engleman said Gansas tested negative for alcohol use, as did five other crew members. Interviews with passengers, some conducted at their hospital bedsides, indicated there was no indication of any problem aboard the ferry until it crashed.

"There were no warnings, no whistles," she said.

Fourteen passengers remained hospitalized Friday, with five of them still in critical condition.]]> http://www.yourlawyer.com/articles/read/6775 Thu, 16 Oct 2003 00:00:00 -0700 http://www.yourlawyer.com/articles/read/6775
In addition to 10 confirmed deaths, a Staten Island woman was presumed dead on the morning after the city's worst mass transit accident in at least a generation, Police Commissioner Raymond Kelly said.

Police divers were hunting for the woman's body in the water near the ferry docks off Staten Island, Kelly said.

In addition, 42 people were injured.

Earlier, Mayor Michael Bloomberg had said three people were missing. Authorities said at late morning that they were still unsure whether the two others had been on the boat.

Witnesses said the ferry, crossing the windswept New York Harbor from lower Manhattan, never appeared to slow down as it approached Staten Island on Wednesday afternoon. The boat struck a maintenance pier hundreds of feet from the slips where the ferries normally dock.

The pilot who officials said might have failed to take needed medication quickly bolted from the scene, went home and attempted suicide, a law enforcement source told The Associated Press. The source, who spoke on condition of anonymity, said pilot Richard Smith slit his wrists and shot himself with a pellet gun.

Smith, 55, was in critical condition and under police guard Thursday morning at St. Vincent's Hospital. Twenty-two victims including at least one amputee also were taken there.

A co-worker told authorities the pilot had been asleep, slumped over the controls, the source said.

But Staten Island councilman Michael McMahon said he was told at a briefing Thursday that Smith may have lost consciousness because of "health problems and medication.

"By the time the other captain could get control of the ship, it was too late," McMahon said. He said the officials were looking into whether he had failed to take blood pressure medication.

Asked about reports that the pilot had fallen asleep or passed out at the wheel, National Transportation Safety Board chairwoman Ellen Engleman said Thursday the agency has "a lot of conflicting reports as far as that. We don't want to pass on stories or rumors.

After the wreck, the ferry was immediately backed up and moved to one of the passenger slips, where rescue crews began work.

"The scene was total chaos," said passenger Frank Corchado, 29, of Staten Island, recounting horrific sights: a decapitated man, a legless woman, a fellow passenger bleeding from his eyes.

"There was a lady without legs, right in the middle of the boat," he said. "She was screaming. You ever see anything like that?

The dead, one woman and nine men, ranged from age 25 to 52, police said.

The crew was to be interviewed and tested for drugs and alcohol, as is routine after major transportation accidents. The crew members referred investigators to union lawyers.

Smith was being represented by an attorney, said police, who obtained a sample of his blood for testing. Telephone messages left at his home were not returned.

Investigators said Thursday morning they had gotten conflicting reports on where the crew members were when the boat crashed. The pilot and captain are typically both in the pilot house as the boat enters port, although that is not a Coast Guard requirement.

A source close to the probe said the captain told investigators that Smith "slumped forward" on the controls in a way that could have made the boat accelerate toward the pier.

City Transportation Commissioner Iris Weinshall said Smith has been an employee for 15 years. "There's nothing in his record that we have seen so far that would indicate a problem," she said.

Smith gave initial comments to police but has not been interviewed in depth, Engleman said Thursday.

The 310-foot craft was carrying an estimated 1,500 people, 36 of whom were treated at the scene or immediately taken to hospitals. Six others walked away injured and went to hospitals later.

Witnesses said some passengers jumped into the 62-degree water and others ran as the pier chewed up the side of the boat.

The victims were in window seats on the front right side of the ferry, named the Andrew J. Barberi. Some of the injured were pulled from the rubble by rescue workers; one of the dead was found in the water off Staten Island.

Evan Robinson, a musician waiting for a ferry on Staten Island, said he watched as the craft suddenly veered crazily. Two other witnesses said the ferry appeared to speed up when it should have been slowing down for docking.

"I looked on in disbelief," Robinson said. "I said, `Oh, my God, he's going to crash!"'

"The ferry was coming too fast," said witness William Gonzalez, who lives nearby. "They had no control to stop the boat.

At Staten Island University Hospital, two victims with amputations were among those brought in from the ferry, said spokeswoman Arleen Ryback. Others were suffering from back and spinal injuries; one victim reported chest pains and one had hypothermia.

Ferry service was immediately shut down, forcing thousands of evening rush hour commuters to head for buses and taxis. Service resumed Thursday morning, and the mayor said it was operating normally.

Engleman said the NTSB investigation could take a year. The agency will investigate human factors, including crew member activities in the preceding 72 hours; engineering factors; deck operations; and weather conditions, she said.

Winds were gusting to 40 mph, but Weinshall played down that as a possible factor, saying ferries operate in worse weather.

Bloomberg was at the New York Yankees-Boston Red Sox playoff game when he heard the news and rushed to Staten Island.

"People who were on the way home, all of a sudden, taken from us," he said after touring the splintered wood, twisted steel and shattered glass aboard the ferry.

The ferry is among the city's most beloved institutions, providing free rides and a spectacular view of New York Harbor. The fleet of seven boats carry 70,000 commuters per day between Staten Island and lower Manhattan. ]]> http://www.yourlawyer.com/articles/read/6777 Thu, 16 Oct 2003 00:00:00 -0700 http://www.yourlawyer.com/articles/read/6777
AUTHORITIES SAID for most of the day that an 11th person was missing and presumed dead. But she was found safe at a friend's home Thursday.
Ellen Engleman, chairwoman of the National Transportation Safety Board, said at a news briefing Thursday morning that the agency was taking over the investigation, which could take as long as a year.

Engleman would not address what she described as "a lot of conflicting reports" about the pilot's behavior before the crash. "We don't want to pass on stories or rumors," she said.

A co-worker told authorities that the pilot, Assistant Capt. Richard J. Smith, 55, was asleep and slumped over the controls as the ferry bore in on the concrete and wood pier at high speed, a law enforcement source told The Associated Press.

City Councilman Michael McMahon, who represents Staten Island and was briefed by police, told reporters that investigators were looking into whether Smith had failed to take his medication for high blood pressure and lost consciousness as a result.

Quoting police sources, the New York Post reported that Smith told investigators that when he came to, he accidentally shifted the throttle into high gear, sending the ferry, the Andrew J. Barberi, crashing into a maintenance pier about 400 feet from the nearest slip.

The captain of the vessel noticed that the ferry was off course and tried to get control moments before the crash at the St. George Terminal on Staten Island at the end of its 5.2-mile run across New York Harbor, McMahon said.

"By the time the other captain could get control of the ship, it was too late," he added.

City Transportation Commissioner Iris Weinshall said Smith had been an employee for 15 years. "There's nothing in his record that we have seen so far that would indicate a problem," she said.

PILOT UNDERGOES SURGERY
Smith jumped ship and later tried to kill himself in his nearby home by slitting his wrists and shooting himself twice in the chest with a pellet gun, MSNBC TV's Jerry Nachman reported Wednesday night.

Smith underwent surgery at St. Vincent's Hospital and was in critical condition Thursday. He was being represented by an attorney, said police, who obtained a sample of his blood for testing.

"The family and all concerned hope that people will not rush to judgment," Alan Abramson, an attorney for Smith, said in a brief statement. "Their prayers go out to all the victims."

Twenty-two other victims of the accident were also treated at St. Vincent's, including at least one amputee. Fewer than 10 remained in the hospital Thursday, five of them in critical condition.

At Staten Island University Hospital, two victims with amputations were among those brought in from the ferry, said Arleen Ryback, a spokeswoman. Others were suffering from back and spinal injuries, while one victim reported chest pains and another had hypothermia.

All of the ferry's crew members survived and will be tested for drugs and alcohol, Mayor Michael Bloomberg said. The crew members referred investigators to their union lawyers.

Engleman said the NTSB would look into the crew members' records and how they spent the previous 72 hours, and examine engineering factors, deck operations and weather conditions. Winds were gusting up to 40 mph when the accident occurred.

The boat, which suffered "very dramatic" damage, was being secured and would be moved from the dock as soon as possible, she said.

Despite having its entire side ripped open, the vessel was structurally sound under the water line, and its engine was still functioning, Bloomberg said. It was able to turn around and dock on the other side after the impact.

'LIKE THE TITANIC HITTING THE ICEBERG'
Survivors of the 3:20 p.m. crash, the city's worst mass transit accident in at least a generation, described a horrific scene after the pier sliced through the side of the 300-foot vessel, mowing down passengers near the bow.

"Everybody was screaming as the pilings protruded through the boat and began ripping the entire side of the boat out," passenger Bob Carroll told the New York newspaper Newsday.

"It was like the Titanic hitting the iceberg, but instead, the side of the boat was ripped out by these giant wooden beams," he said. "It was like a can opener was ripping the whole side of the boat out."

"The scene was total chaos," passenger Frank Corchado, 29, of Staten Island, told the AP, recounting a tableau of horrific sights: a decapitated man, a legless woman, a fellow passenger bleeding from his eyes.

"There was a lady without legs, right in the middle of the boat," he said. "She was screaming. You ever see anything like that?"

The ferry was carrying an estimated 1,500 people, 36 of whom were treated at the scene or were immediately taken to hospitals. Six others walked away injured and went to hospitals later.

Corchado said he tried to help as many people as possible get out. Witnesses said that some jumped into the wind-swept 62-degree water and that others ran as the pier chewed up the side of the boat.

"Most of the people who died were older people, I believe, who couldn't move or didn't have enough time to get out of the way," Corchado said.

Most of the victims were seated in the window seats on the front right side of the ferry. Some of the injured were pulled from the rubble by rescue workers; one of the dead was found in the water off Staten Island.

FERRY SERVICE RESUMES

Ferry service was shut down immediately, forcing thousands of rush hour commuters to head for buses and taxis. It resumed Thursday morning with a boat departing from the St. George terminal just after 5 a.m.

One of those aboard the early morning boat, Greg Ellis, 48, said he was a little nervous. "You're always thinking it could happen again if it happened one time," he said.

The accident occurred on a day when the city was focused on the New York Yankees-Boston Red Sox American League playoff game. Bloomberg was at the game when he heard the news and rushed to Staten Island.

"People who were on the way home, all of a sudden, taken from us," said Bloomberg, who announced the deaths after touring the splintered wood, twisted steel and shattered glass aboard the ferry.

The ferry is among the city's most beloved institutions, providing free rides and offering a spectacular view of New York Harbor. It carries 70,000 commuters per day between Staten Island and lower Manhattan. ]]> http://www.yourlawyer.com/articles/read/6778 Thu, 16 Oct 2003 00:00:00 -0700 http://www.yourlawyer.com/articles/read/6778
Assistant Capt. Richard Smith remained in critical condition Thursday afternoon at St. Vincent's Hospital on Staten Island.

New York City Councilman Michael McMahon said city officials believe Smith had passed out at the vessel's controls due to an unspecified medical condition.

Law enforcement sources told CNN that tests show Smith did not have alcohol in his bloodstream during the accident. The results of a drug test is still pending.

Other officials, including those at the National Transportation Safety Board, avoided discussing any theories about the cause of the accident.

"There are a lot of conflicting stories about what happened on the bridge yesterday," NTSB Chairwoman Ellen Engleman told CNN. "We are looking to find the probable cause of this tragedy."

The NTSB began interviewing crew members at 1 p.m. Thursday, Engleman said. Investigators are also looking into weather factors and trying to determine if all regulations were followed.

The New York Department of Transportation, which oversees the ferry service, requires that two people be on the bridge while the vessel is in motion.

Engleman said she hasn't determined whether anyone was on the bridge with Smith at the time of the accident.

Immediately after the crash, Smith ran from the boat, went home and slit his wrists and shot himself with a pellet or BB gun, law enforcement sources said.

Smith was at the helm when the same ferry crashed into the same pier in 1995, city Transportation Department officials said. There were only minor injuries in that crash, which was blamed on propeller failure.

Smith received a letter of commendation for his actions in that accident. He is an 18-year veteran of the ferry service, beginning as a deckhand and later becoming a pilot. He has spent the last 16 years as a pilot, receiving "outstanding" evaluations over the years, those officials said.

"At this time, Rich is in critical condition in intensive care, and he's unable to speak," said his lawyer, Alan Abramson. "His family offers condolences and prayers to all those who have been affected by this tragedy."

Eight victims remained at the hospital Thursday afternoon, five of them in critical condition, said Dr. Pietro Carpenito, St. Vincent's chief of anesthesiology. Some of the victims had crushed limbs that had to be amputated.

Another three people were reported missing, but Police Commissioner Raymond Kelly said only one of those, a woman from Staten Island, may have been on the ferry. Police divers will look for any unrecovered remains Thursday afternoon, he said.

Regular ferry service resumed Thursday morning, while the crippled boat remained at the dock. It sustained significant damage, Engleman said, and will be moved as soon as the vessel is considered secure.

The accident happened at 3:21 p.m. EDT, before rush hour, as the 310-foot-long ferry was about to dock at Staten Island.

The ferry struck a concrete pier surrounded by wooden pilings, which gashed the vessel's port side. As the ferry moved ahead, the pier continued ripping the steel and windows of the ferry's main deck, all the way to the rear of the ship.

Survivor recalls horror

Passenger Peter Murray said the ferry showed no sign of slowing down before hitting the pier.

"The pilot never stopped. He never slowed down," Murray said Thursday on CNN's "American Morning." "Usually, you feel the boat slow down before it hits the dock, approximately maybe five minutes or so ahead of time, you know, before they dock."

The accident left twisted steel, broken pilings and other debris all over the main deck.

Murray said his first reaction was to yell out for everyone to run to the back of the ferry.

"I'm like, 'Run!' " Murray recalled. "Because you felt it chewing and crumbling. I looked. I saw smoke. I didn't even look back again until I was in the back of the boat.

"I went to one side, I went downstairs, and everybody seemed OK. Then I went to the other side, and it was tragedy. It was just tragic."

Another passenger, T.J. Stiles, said no announcements were made about the accident and no instructions were given to the passengers. After the collision, the ferry backed up and a tug boat helped guide it into the docks, allowing the unhurt passengers to get off, Stiles said.

Investigation may take a year
Engleman said the NTSB will be "looking into all records of the captains themselves as well as the prior 72 hours in their lives."

She said the investigation could take as long as a year. Engleman said there was no recording device on the vessel.

New York Mayor Michael Bloomberg said that all crew members were being interviewed and tested for drugs and alcohol "per the normal procedure."

While the ferry can carry as many as 6,000 people, its normal passenger load is 1,500, Bloomberg said. There was no exact count of the passengers, but the mayor said he did not believe the ferry was packed.

The metropolitan area was under a wind advisory Wednesday, and a gale warning was in effect along the water. Winds were expected to be sustained above 40 mph.

Bloomberg said it was too early to say whether the winds were a factor in the wreck.

The mayor said that the wreck caused no structural damage to the ferry below the water line and that it leaked no fuel into the water.

The Staten Island ferry service, run by the city of New York, operates 24 hours a day.

On a typical weekday, five boats run between St. George Terminal on Staten Island and the Whitehall Terminal in lower Manhattan, with departures every half-hour during the day and every 15 minutes at rush hours.

About 70,000 passengers ride the ferries daily, according to the ferry service Web site. The ride takes about 25 minutes. ]]> http://www.yourlawyer.com/articles/read/6779 Thu, 16 Oct 2003 00:00:00 -0700 http://www.yourlawyer.com/articles/read/6779
Some victims lost arms or legs as the side of the ferry's main deck was ripped open by the wooden pilings along the dock. Divers pulled one body from the water.

After 34 victims were taken to local hospitals, the ferry, still afloat, sat in the dock bearing a 40-foot gash just under its famous logo. A field of wreckage surrounded the damaged 22-year-old ferry, one of five in the fleet.

The cause of the accident was not immediately known, though New York mayor Michael Bloomberg suggested high winds might have been a factor. The National Weather Service had yesterday issued a wind advisory throughout the north-east, with gusts of up to 25 to 45mph.

Mr Bloomberg ruled out terrorism as a cause. "There's no reason to believe that this was done by any outside factor other than the winds or the tides," he said.

The Staten Island ferry is known in tour guides as one of New York's rare bargains - a free, five-mile boat ride that offers views of Manhattan and the Statue of Liberty. But it is also a part of the daily commute for thousands of New York residents, carrying about 20m passengers a year.

The accident appeared to be the worst on the Staten Island ferry in modern times. More than 125 were killed in an accident in 1871. The ferries usually carry about 1,500 passengers at a time. The exact number of passengers aboard was not available.

The shipmaster and crew will be tested for drugs and alcohol as part of an inquiry into the accident. The National Transportation Safety Board has appointed a 12-member team to investigate.

Staten Island, one of New York City's five boroughs, was the site of another accident earlier this year when a barge carrying 100,000 barrels of petrol exploded.]]> http://www.yourlawyer.com/articles/read/6783 Thu, 16 Oct 2003 00:00:00 -0700 http://www.yourlawyer.com/articles/read/6783
Officials believe Assistant Capt. Richard J. Smith passed out Wednesday at the controls of the Andrew J. Barberi, perhaps because he failed to take his blood pressure medication, New York City Councilman Michael McMahon said after city emergency and transportation officials briefed him.

"The assistant captain at the controls collapsed," McMahon said. "By the time the other captain could get control of the ship, it was too late."

The 3 p.m. ferry, with about 1,500 aboard, plowed into a concrete maintenance pier about 400 feet from the nearest ferry slip on Staten Island after its run from Manhattan. The crash, in choppy waters, tore a giant gash in the side of the boat and sent passengers flying. More than 60 people were injured.

Smith fled the vessel, forgetting his keys, and broke into his home. He barricaded himself in a bathroom, slit his wrists and shot himself with a pellet gun. He was in critical condition Thursday at St. Vincent's Hospital, where many of the victims also were taken.

The Associated Press reported that the captain told investigators Smith "slumped forward" on the controls in a way that could have made the boat accelerate toward the pier. Many passengers said the boat seemed to be going excessively fast as it approached the pier.

Ellen Engleman, chairman of the National Transportation Safety Board, the federal agency that is leading the investigation, would not answer questions about that account.

"I don't want to comment on any stories or second-hand information that may be out there," she said. She did say that the NTSB was looking into whether the boat's crew had violated New York Department of Transportation procedures that call for two crew members to be on the bridge during docking.

"It's hard to believe that someone who was right there could not gain control of the ship," she said.

Smith's lawyer, Alan Abramson, released a brief statement Thursday after meeting with the pilot's family.

"The family and all concerned hope that people will not rush to judgment," said Abramson, who has yet to meet with his client. "Their prayers go out to all the victims."

During a news conference not far from the accident site, Engleman said the NTSB is reviewing tests of the crew for alcohol and drug use. Such testing is standard in such accidents. The NTSB has not yet been able to interview Smith, but Engleman said she is optimistic that will happen, based on conversations with his lawyer. Investigators started interviewing the Barberi's deck hands Thursday afternoon.

The investigation may take up to a year.

"We're going to work very hard and deliberately to find out what happened and why and to ensure that it does not occur in the future," Engleman said at the morning news conference with Mayor Michael Bloomberg.

Officials confirmed that Smith was at the helm of the Barberi in 1995 when the vessel crashed into the Staten Island dock. The accident was blamed on a mechanical problem after the propeller failed to switch into reverse. No fatalities were reported, although there were a number of injuries.

Thursday, divers continued to search for the bodies of possible victims off Staten Island. One woman, feared to have died in the crash, turned up safe at a friend's house, police said.

Passengers who escaped described a crash that tore a hole in the side of the boat as if it were an aluminum can, sent bodies flying and ripped off legs.

"The scene was total chaos," passenger Frank Corchado, 29, of Staten Island, told The Associated Press. He recounted horrific sights: a decapitated man, a legless woman, a fellow passenger bleeding from his eyes.

"There was a lady without legs, right in the middle of the boat," he said. "She was screaming. You ever see anything like that?" The dead, one woman and nine men, ranged from age 25 to 52, police said.

The Barberi, named for a high-school football coach, sat moored at the Staten Island terminal Thursday, its damage covered by a bright blue tarpaulin. The bright-orange Staten Island ferries are a beloved New York institution, carrying 70,000 people daily between St. George terminal on Staten Island and Whitehall Street in Manhattan. Commuters and tourists alike love the ride for its sweeping views of the Statue of Liberty and the Verrazano-Narrows Bridge.

Commuters on Thursday said they were perhaps a little more on guard than usual but would continue to take the ferry with confidence. New York city officials said ridership remained at normal levels Thursday. Barry Grubert, who lives in Manhattan and works on Staten Island, said he looks forward to his ride.

"There's something very relaxing about the water," during the approach to Staten Island yesterday morning. "I have the option to drive as well, but I love to take the ferry."]]> http://www.yourlawyer.com/topics/overview/boat_accidents Thu, 16 Oct 2003 00:00:00 -0700 http://www.yourlawyer.com/topics/overview/boat_accidents Boat Accidents Any injury that occurs on or with a boat, ship, ferry or jet ski is considered a boating accident. Today, our rivers, lakes and oceans are busier than ever with commercial vessels of all sizes carrying passengers, and transporting freight. This traffic combined with the increasing popularity of leisure boating often creates crowded waterways increasing the chances of accidents.

In 2000, 701 deaths occurred while participating in boating activities within the 50 states, 5 U.S. territories, and the District of Columbia. Usually boat accidents are caused by the negligence of the operator. Similar to the responsibility a car driver or bus driver has, the operator of a boat or vessel is required to exercise reasonable care to prevent injury to others.

The following is a list of some of the most common causes of and factors contributing to death or injury while boating:

1) Collision, capsizing, flooding, or sinking – These can be the indirect result of a number of factors, including boating under the influence of alcohol; wind, rain, sun, or waves; or lack of experience in boating.

2) Accidents from boating activities – Boating activities such as water skiing can be dangerous when participants either fail to practice safety procedures or when they do not take into account water depth, obstacles, and proximity to shore.

3) Explosion or fire – Fuel is the most likely source of a boat fire. Explosions or fires often result from damage to or improper maintenance of the fuel system.

4) Electrocution – This typically occurs due to lightning or the vessel striking a power line. The danger posed by lightning is just one reason why it is imperative to avoid water under threat of storm. Power lines are primarily a concern during launch: if they are placed in the path of a launch ramp, they may be struck by an extension of the boat, such as the mast.

If you or a loved have been injured in a boat accident, please fill out the form at the right for a free case evaluation by a qualified personal injury attorney.]]>