Skip to main content

Maritime Law--South Florida Lawsuit Filed in El Faro Sinking


 The first South Florida lawsuit against the owner of EL FARO, the cargo ship that sunk in Hurricane Joaquin last month, was filed on October 28, 2015 in Broward County Circuit Court. This latest lawsuit claims EL FARO's engine failure and loss of power on October 1st followed many years of lax maintenance. The lawsuit also claims EL FARO was not seaworthy in that the ship was undergoing "significant maintenance" just before it left port September 29th and had a history of losing power.

The lawsuit was brought by the widow of Anthony Thomas who seeks damages for herself and for the couple's five children, ages 8 to 29. The lawsuit states the Fort Lauderdale court has jurisdiction because Tote Maritime's registered agent is in Plantation.
 
 
This lawsuit is the fourth complaint brought against ship owner Tote Maritime since the deaths of EL FARO's 33 crew members. This latest lawsuit comes just as the Jacksonville-based company seeks to prevent future lawsuits and limit the damages victims' families can collect by virtue of their filing of a limitation of liability lawsuit.

In the limitation of liability lawsuit filed by the shipowner, Tote Maritime claimed it should not be required to pay more than about $15.2 million in total damages for losses related to the shipwreck found near Crooked Island in the Bahamas. The company claims its liability is limited under the limitation of liability act to a death claims fund of $420 per gross registered ton, or $13.2 million, with another $2 million for the freight aboard the ship. The company also asked U.S. District Judge Brian J. Davis to issue an injunction against the prosecution of future lawsuits.

The Broward County lawsuit was removed to federal court and has been assigned to U.S. District Judge William J. Zloch. However, because there are two similar lawsuits filed in Jacksonville, one in federal court and one in Duval Circuit Court and because wrongful death claims cannot proceed until the limitation court has resolved the limitation action, it is likely that Tote Maritime will move to consolidate all the actions in Jacksonville.
 
According to this latest complaint, the U.S. Coast Guard documented 23 deficiencies with EL FARO Faro since 2003. The 40-year-old ship also allegedly lost power and propulsion during a 2011 voyage due to faulty equipment.
 
If you are interested in receiving a copy of the latest lawsuit or in contacting me, you may do so by writing to me at blog@miamimaritimelaw.co.

 

 

Comments

  1. Jhon MarshalDecember 31, 2015 at 7:14 AM

    It's really a nice and helpful piece of information. I'm glad that you shared this helpful info with us. Please keep us informed like this.
    Shipping estimates

    ReplyDelete
  2. American International ShippingJanuary 4, 2016 at 1:11 AM

    Thanks for sharing useful and informative post.
    American International Shipping

    ReplyDelete

Post a Comment

Popular posts from this blog

ReThink + ReUse Center "It's How We Roll" Fun Raiser -- Bowling Night -- October 16, 2014

As many of my readers may be aware, I am the Chair of the ReThink + ReUse Center, a non-for-profit educational and environmental Center in Miami educating children into rethinking reuseable materials for learning through play. The ReThink and ReUse Center’s Quality Play is Learning Program provides a series of educational and participatory workshops based on the philosophies of Reggio Emilia and Harvard's Project Zero Visible Thinking. The Children’s Trust is the major funder of this program, but the Center is required to continually fundraise for the balance its annual budget.   The Center is having a fun event you are invited to--the ReThink + Reuse Center’s “It’s How We Roll” bowling event on October 16, 2014 at Splitsville Luxury Lanes from 18:00 to 21:30 hours. My firm, Comcast and Waste Management are major sponsors for this event, but we could use a few more sponsors. If you are interested in sponsoring the event, please let me know by reaching me at mov@chalos...
6 comments
Read more

Maritime Law--Florida's Arbitration Code Is Now Revised

Those of us that practice maritime law regularly must always be on the lookout for the contract that may contain an arbitration clause. Thus, any laws related to arbitration are important to those of us practicing in this sector.       The Florida legislature has revised the Florida Arbitration Code ("FAC") and named it the Revised Florida Arbitration Code (the " Revised Act"). Since 1967, the FAC had gone mostly unchanged. The Revised Act addresses concepts that were not addressed in the old law, such as the ability of arbitrators to issue provision remedies, challenges based on notice, consolidation of separate arbitration proceedings, required conflict disclosures by arbitrators, among other major changes. The Revised Act lays out a detailed framework for international arbitration conducted under Florida law and repeals sections of the FAC. The Revised Act spells out what experienced arbitrators knew the case law to be, but codifies it all in one pl...
4 comments
Read more

Maritime Law--Lozman Case Revisited in Miami?

In Hoefling v. City of Miami , Case no.: 14-12482 (11th Cir. Jan. 25, 2016), the U.S. Court of Appeals for the Eleventh Circuit revived almost all of Hoefling's claims. You ask, "Who is Hoefling?" Hoefling  lived on his sailboat Metis O moored off Dinner Key for nearly a decade—until the day he came home and it was gone. About three months earlier, an officer from the Miami Police Department's Marine Patrol Detail tagged Hoefling's vessel for lacking a sanitary device and a working anchor light. He had a deal to use the facilities at the nearby marina but quickly went out and reportedly bought what he needed to comply. Three months later while he was on a business trip, the City of Miami seized and destroyed his boat and all his belongings. As a result, he was homeless. He sued under § 1983, maritime law, and state law. He stated a claim under the Fourth Amendment for seizure and destruction without notice or cause and a “taking.”    At the ...
5 comments
Read more