Page 28: of Marine News Magazine (June 2018)

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COLUMN INSURANCE

A Post-Casualty Rush to Judgment Can be Costly

By Randy O’Neill

It was a warm and sunny early sum- ‘live’ seemingly from the moment of impact. Local televi- mer morning in an increasingly popu- sion stations hastily dispatched their air and ground news lar and typically busy domestic harbor. teams to the scene to provide words and pictures for their

And, not surprisingly, the water and wa- ‘breaking news’ and regularly scheduled midday newscasts.

terfront were crowded with commercial and private vessels of every description. A I D

N MPULSIVE ECISION

From a slowly moving tug/barge com- In this chaotic and highly charged atmosphere, a senior bination, a working dredge and a small member of the ferry’s management team was unexpectedly tanker delivering fuel on the more in- interviewed at the scene by a reporter. After apologizing

O’Neill dustrial side of the harbor, to numerous profusely for the ‘actions of his captain,’ the manager then water taxis, sightseeing boats and larger announced that the company was immediately terminat- catamaran ferries, the harbor was buzzing with activity. ing the employment of that same veteran ferry captain.

All of these commercial vessels were operating in close Obviously, this decision was made prior to the commence- quarters with a ? eet of small yachts, cabin cruisers, sail- ment of any investigation into the actual cause of the alli- boats and even a few very brave kayakers who were pad- sion, and strongly implied that it was due to the negligent dling around the congested waterway competing for the acts of its own long-term employee. And, while it was cer- very limited open water and dock space located adjacent tainly within the scope of a senior company executive to to the ferry and water taxi landings. unilaterally make such a personnel decision, the snap judg- ment to ? re its own captain was picked up and immedi-

A U C ately broadcast by the local media. Eventually, this would

N NEXPECTED ASUALTY

In this frenetic mix of activity, one of the larger ferries come back to haunt the ferry operator who was perceived was close to completing one of its brief but regularly sched- as judging its employee guilty until proven innocent.

uled runs across the harbor and was approaching its dock Prudently, and prior to being unexpectedly terminated, to of? oad almost 100 passengers and pick up a similar the ferry captain had contacted his license insurer to report number of new passengers for the return leg. The vessel’s the incident and the local maritime attorney assigned to approach to the dock was proceeding normally and the represent him went immediately to the scene to prepare veteran captain engaged the engine controls to effect neu- him for the ? rst round of interviews – not with the local tral and then reverse to prepare for docking. To his com- press but with investigators from the U.S. Coast Guard.

plete surprise, the engines did not immediately respond to While on the scene for several hours after the ambu- his input, causing the vessel to violently allide, bow-? rst lances, helicopters, camera crews and reporters were long with the dock. gone, it slowly became apparent to the maritime attorney

Despite announcements to remain seated until the ves- and lingering ? rst responders that the more likely cause of sel came to a complete stop, many passengers had already the ferry’s violent allision with the dock was some type of left their seats and had lined up to disembark when the mechanical failure and not the negligent actions or deci- abrupt impact threw many of them against bulkheads and sion-making of the dismissed ferry’s captain. Eyewitnesses down the stairs on top of one another from the top deck. on both the ferry and the dock were adamant in claiming

In a matter of seconds, a tranquil ferry trip on a picture- that, from their perspectives, the vessel’s engines did not perfect morning turned into a scene from a disaster movie. promptly respond to the captain’s pre-docking commands

The scene was ? lled with dozens of obvious injuries; bone until it was too late to avoid striking the dock.

fractures and lacerations, and an unknown number of less

HE OCUS OF THE NVESTIGATION HIFTS obvious, but no less serious injuries. T F I S

The emergency response was both swift and massive by A few weeks later, the now unemployed bridge of? cer, police, ? re and EMS ? rst responders. Full media coverage, accompanied by his attorney, met with the Coast Guard for both professional and social, of the event was broadcast an expansive casualty investigation interview. By then, he

June 2018

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