No liability cap for NYC in ferry crash

A federal appeals court ruled Thursday that because of its “negligent acts,” the city cannot limit its liability to $14.4 million, the value of the Staten Island ferry that crashed in October 2003, killing 11 people and injuring more than 70.

The 2nd 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 Staten Island 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, whose father, Pio, was killed in the accident. “This hump has been taken care of and now we can move forward.”

The city can appeal the decision to the Supreme Court.

Lawyers for the city were “still reviewing the legal decision,” city law department spokeswoman Kate O’Brien Ahlers said.

According to the ruling, 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 not in the operating pilothouse but was preparing for an inspection from the Coast Guard, which meant Smith was piloting the ferry alone.

An investigation determined that Smith, who suffered from fatigue and had been taking painkillers, passed out during the 22-minute trip from Manhattan to Staten Island. The ferry crashed full speed into a pier about 600 yards south of the ferry terminal. Smith had lied to the Coast Guard about taking medication.

In February 2007, federal Judge Edward Korman ruled that the accident could have been avoided if Gansas had been present in the pilothouse with Smith and the city director of ferry operations had done a better job of enforcing the two-pilot rule. Thursday’s decision affirmed that ruling.

“We will now continue our efforts to resolve the remaining cases,” city lawyer Michael A. Cardozo said in a statement.