The owner and crewmembers of a tugboat that came to the assistance of a Staten Island Ferry after a deadly accident in 2003, have had their request for a marine salvage claim rejected. The owner and crew of the tugboat, Dorothy J will only receive a salvage award of about $46,000. They had asked for $8 million.
On October 15, 2003, the Staten Island ferry Andrew J. Barberi crashed into a pier killing 11 people. The nearest boat was the Dorothy J, and the 4 crewmembers immediately raced to the site of the accident. The Dorothy J pulled alongside the Andrew J. Barberi, helping guide the battered ferry back to the terminal. Over the next few days, the tugboat helped the ferry remain stable by pushing it into place.
The owner of the Dorothy J., Henry Marine Service Inc. and two of the crewmembers then filed lawsuits claiming about $8 million for the salvage efforts. It included $6 million for the owner of the Dorothy J and $2 million to be divided among the crewmembers. In their lawsuit, the plaintiffs claimed that the city accrued substantial benefits from the services that the Dorothy J. provided soon after the Andrew J. Barberi accident. The plaintiffs are specifically seeking damages in two claims-one for the services that were provided soon after the accident, and one for the services provided in the days following the accident.
However, a federal judge in Brooklyn has rejected that the Dorothy J. provided any meaningful services to the Andrew J. Barberi. According to the judge, any benefits that the crew members of the tugboat provided were psychological in nature, and the ferry passengers were comforted somewhat by the realization that they were not all alone. However, these benefits were not substantial enough to justify the award that the plaintiff was seeking.
A marine salvage claim is a concept of maritime law in which a vessel that comes to the aid of another distressed vessel is entitled to share in some reward.
Issues of maritime law can be very complex. The maritime attorneys at Schechter, Shaffer & Harris, L.L.P., represent injured victims of maritime accidents in and around Texas and across the country.
