BODY:
A federal appeals judge ruled yesterday that the city cannot limit its liability in the Staten Island Ferry crash to the $14.4-million value of the vessel, potentially opening up the city to millions of dollars in lawsuits.
The Second U.S. Circuit Court of Appeals ruled the city "did not act with reasonable care" when it allowed Assistant Capt. Richard Smith to operate the ferry without at least one other person in or near the pilothouse in case of an emergency, as was required.
News of the decision brought some comfort to family members of victims.
"I am thrilled only because I thought the city should be held accountable for it," said Tara Canini, 31, of the Annandale neighborhood on Staten Island, whose father, Pio Canini, also of Staten Island, was killed in the accident. "This hump has been taken care of and now we can move forward."
The October 2003 crash killed 11 people and injured more than 70.
The city can appeal the decision to the U.S. Supreme Court, though historically the justices rarely agree to hear such cases.
Lawyers for the city were "still reviewing the legal decision," city law department spokeswoman Kate O'Brien Ahlers said.
According to the ruling, among other responsibilities, city officials violated the "two-pilot rule" that requires the captain and assistant captain to be together in the operating pilothouse while a ferry is moving. Ferry Capt. Michael Gansas was in another pilothouse preparing for an inspection from the U.S. Coast Guard, which meant Smith was driving the ferry alone.
An investigation determined that Smith, who was fatigued and had been taking painkillers, passed out during the 22-minute trip from Manhattan. The ferry crashed full speed into a pier about 600 yards south of the Staten Island terminal. Smith had lied to the Coast Guard about taking medication.
In February 2007, Judge Edward Korman ruled in federal court in Brooklyn that the accident could have been avoided had Gansas been in the pilothouse with Smith and had the city director of ferry operations done a better job of enforcing the two-pilot rule. Yesterday's decision affirmed that ruling.
"While we disagree with today's decision, we will now continue our efforts to resolve the remaining cases," city lawyer Michael A. Cardozo said in a statement.
The city has spent $35.5 million to settle 125 of the 186 personal injury claims filed after the accident, according to the statement. Fifty-nine cases are still pending and two have been discontinued. Eight of the remaining cases, though, involve deaths.
