City of New York, as owner and operator of the M/V “Andrew J Barberi”, v Agni – US Court of Appeals (Second Circuit) (Sack, Katzmann and Raggi Ct JJ) – 27 March 2008
Limitation of liability – Staten Island ferry crashing into pier causing fatalities – Whether accident caused by negligence – “Two-pilot” rule – Whether owner of ferry had “privity or knowledge” of negligent acts – Whether owner entitled to limit liability
On 15 October 2003 the Staten Island ferry Andrew H Barberi, operated by the City of New York, crashed into a maintenance pier, killing 11 passengers and injuring many others. Shortly before the collision the ferry had been under the control of the assistant captain, Richard Smith, a 55 year old certified pilot. The ferry’s captain was not in the operative pilothouse at the relevant time, but was in the aft pilothouse engaged in preparing for an upcoming Coast Guard inspection.
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Michael Daiches, Barrister
Jun 18 2008
