GUILTY CA - Boat fire near Santa Cruz Island; 34 missing, Sept 2019 *captain charged*

  • #641
I doubt anyone in the group thought about the night patrol, honestly........
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I retired from diving years ago, I dove on many socal charter boats (including Truth Aquatics), overnight multi day trips, as a diver and customer I don't think I ever thought about or worried about if there was any night patrol or not. I just didn't think about it because I was either thinking about the diving and or dive planning, or I was too exhausted as the end of the trip got closer.
 
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Suits filed against owners of dive boat hit by fatal fire - Marine Log

The claimants were among the 34 individuals asleep below deck, directly beneath the heavily-used battery charging station in the galley. Due to the vessel’s inadequate life-safety system design, including woeful means of ingress and egress, the victims were trapped and unable to escape when the fire erupted about 3:15 a.m.
The filings allege that the 75-foot, 41-year-old vessel was in blatant violation of numerous Coast Guard regulations, including failing to maintain an overnight “roving” safety watch and failure to provide a safe means for storing and charging lithium-ion batteries.

According to the law firms, as well as being a claim by the victims, the filing is an answer to a complaint filed by Conception’s owners, Truth Aquatics, Inc., Glen Richard Fritzler and Dana Jeanne Fritzler, individually and as trustees of the Fritzler Family Trust.

On September 5 – less than three full days after the fire – lawyers for the vessel’s owner filed for protection under the Limitation of Liability Act of 1851. That filing occurred before the last bodies were recovered by divers.

SMBB notes that it most recently represented numerous victims of the 2018 Branson, Missouri duck boat disaster that resulted in 17 deaths. In that case the firm successfully argued that the 1851 Limitation of Liability Act did not apply to the boat’s owner.
 
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Thinking of my friends, D&Y, upon hearing this news.
 
  • #654
  • #655
Families Sue Coast Guard As well they should---

My guess is that the injury law firm was looking for free advertising when they not only took the case, but even had a press conference (yawn) to announce the lawsuit.

All government entities have sovereign immunity- and the federal government is the king of kings. Government entities may agree to pay settlements for a variety of reasons. But, they cannot be forced to pay anything and can ignore any Court issued orders related to it.

Boeing paid settlements related to the 737 Max disasters. Did the FAA?

I strongly suspect that the odds of a federal entity agreeing to pay anything to anybody for any reason is essentially absolute zero as it would open the gates for endless injury lawsuits.
 
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  • #656
My guess is that the injury law firm was looking for free advertising when they not only took the case, but even had a press conference (yawn) to announce the lawsuit.

All government entities have sovereign immunity- and the federal government is the king of kings. Government entities may agree to pay settlements for a variety of reasons. But, they cannot be forced to pay anything and can ignore any Court issued orders related to it.

Boeing paid settlements related to the 737 Max disasters. Did the FAA?

I strongly suspect that the odds of a federal entity agreeing to pay anything to anybody for any reason is essentially absolute zero as it would open the gates for endless injury lawsuits.

Very informative- thank you!!!
 
  • #657
My guess is that the injury law firm was looking for free advertising when they not only took the case, but even had a press conference (yawn) to announce the lawsuit.

All government entities have sovereign immunity- and the federal government is the king of kings. Government entities may agree to pay settlements for a variety of reasons. But, they cannot be forced to pay anything and can ignore any Court issued orders related to it.

Boeing paid settlements related to the 737 Max disasters. Did the FAA?

I strongly suspect that the odds of a federal entity agreeing to pay anything to anybody for any reason is essentially absolute zero as it would open the gates for endless injury lawsuits.
I agree. I don't think the Coast Guard can be sued here.
 
  • #658
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What What What????

“a federal judge has decided to toss out a “seaman’s manslaughter” charge against the captain of the vessel.”

“If convicted, Boylan could have faced a 10-year prison sentence until Wu threw out the charge.”

 
  • #660
What What What????

“a federal judge has decided to toss out a “seaman’s manslaughter” charge against the captain of the vessel.”

“If convicted, Boylan could have faced a 10-year prison sentence until Wu threw out the charge.”

Well they now add "gross negligence" to the charges, and refile it!!!!
 

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