|
LAKE GEORGE---Two more lawsuits have been filed on behalf of victims of the capsizing of the tour boat Ethan Allen on Lake George in October.
Prominent Troy attorney E. Stewart Jones has filed two lawsuits seeking $225,000 each for the families of two elderly Michigan residents who died in the boating mishap, the cause of which still has not been determined.
The separate civil actions, filed the U.S. District Court in Albany, name Shoreline Cruises, the owner of the Ethan Allen; retired state trooper Richard Paris, captain of the boat and Shoreline Tours Inc. of Canada, the tour group’s organizer.
Douglas Wrock, administrator of the estate of Francis William Wrock, 87, of Trenton, Mich, is the plaintiff of one of the actions, both of which cite gross negligence by the defendants.
The second suit was filed on behalf of Cindy Reuther, administrator of the estate of Madeline Joyce Rochowjak, 69, of Temperance, Mich. Both Rochowjak and Wrock died Oct. 2 as a result of the boat capsizing and sinking to the bottom of Lake George.
According to the lawsuits, on Oct. 2, 2005, Shorelines Cruises Inc. and Paris invited 47 passengers, including Wrock and Roschowjak, onto the Ethan Allen for a tour of Lake George.
“Despite New York State requirements to the contrary, Shoreline Cruises failed to have an additional crew member on board at the time of the incident. As a result of the negligence of the defendants, individually and jointly, the Ethan Allen was caused to capsize”, the pleadings say.
The actions are scheduled for hearing before U.S. Magistrate David Homer on May 24.
The 38-foot glass enclosed Ethan Allen was hosting a group of senior citizens from Michigan on an hour-long fall foliage tour along the Lake George shoreline on Oct. 2 when it capsized and sank in 70 feet of water, killing 20 of the 47 passengers on board.
The National Transportation Safety Board is continuing its investigation into the cause of the accident and expects to release a preliminary report in the coming weeks.
The weight on board the tour boat Ethan Allen continues to be one of main focal points of the federal investigation. According to a statement given by the captain, the wake from another boat played a key role in the accident. The NTSB is also looking at modifications which had been made to the boat’s canopy and engine.
The Warren County sheriff's department released a three volume, 530-page "investigation report" on Feb. 3, determining that no criminal charges would be filed by their agency.
Warren County district attorney Kate Hogan has yet to determine if the matter will be presented to a grand jury. She has indicated she’s awaiting the findings of the NTSB.
"Once we have the answer to the cause, then we can put it in the context of determining whether the pilot and the owner should have been aware of whatever caused it and did they intentionally disregard it", Hogan said earlier this month when the sheriff’s department’s report was released.
Warren County Sheriff Larry Cleveland said that the department's investigation determined that the number of people by weight on board the Ethan Allen "far exceeded the capability of the vessel”.
Paris, 74, a licensed boat operator since 1986, told the NTSB that the 47 passengers on board the Ethan Allen was one of the largest groups that he had ever piloted.
Paris had reportedly said that the boat generally hosted tour groups off tour buses which averaged about 35 people. There were 47 passengers on board the boat last Sunday. Although the boat had been certified by the state for a capacity of 50 passengers, the NTSB determined that the boat's twin sister, the de Champlain, did not pass a stability test and that the weight of the passengers combined with modifications which had been made to the Ethan Allen, adding weight to the boat, likely exceeded the boat's capacity and were contributing factors to the capsizing.
Although the boat had been certified by the state to carry 48 passengers, the NTSB says that their testing has determined that the boat was overloaded and failed stability testing.
Shoreline Cruises Inc. owner of the boat, was cited for failing to provide the proper number of crew members. State regulations require two crew members for commercial vessels carrying 21 to 48 passengers. Paris was the only one on board.
None of the passengers, an average age of 76 and some infirm, were wearing life jackets. Although the boat is required to be equipped with the life jackets and made them readily accessible, there is no state regulation that the passengers must wear them.
Almost immediately after the accident, survivors began filing litigation. Margaret Kidon, 65, and Barbara Bommaritio, 73, both from Trenton, Mich., filed in early October in U.S. District Court in Detroit claiming damages in excess of $75,000 for alleged gross negligence on the part of Shoreline and Paris.
Several other lawsuits have also been filed. 2-19-06
© 2005 North
Country Gazette
|
