Page 19: of Marine News Magazine (February 2011)

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Case II: What You Don’t Know Can Hurt You, Seattle, Wash.

This sad case involved a popular West Coast ferry service and the appar- ent suicide of a passenger who jumped overboard and drowned while the vessel was making its routine scheduled run. In this instance, the captain of the passenger ferry reported the incident immediately to the Coast Guard, local law enforcement authorities and his license insurer. While not a rou- tine marine incident, he correctly assumed that it would be best to have his own legal representation for the multi-level investigation that was sure to take place. The assigned maritime attorney met the vessel’s captain at the ferry dock after he returned from mandatory drug testing. He was thor- oughly debriefed, properly prepared and accompanied to his meetings with the Coast Guard, local police and representatives from the regional medical examiner’s office. Certainly, interrogations he did not want to face unpre- pared and alone — even though he knew he did nothing wrong. The cap- tain testified directly and honestly, but was a bit unnerved when made aware that the case was being treated as a criminal matter until proved oth- erwise by the sheriff’s department.

Two Anxious Months

The victim’s body was quickly recovered and after almost eight weeks of telephone calls, conferences and other correspondence exchanged between the ferry captain’s attorney and the various regulatory and law enforcement authorities involved in the investigation, it was concluded that this was a tragic act by a troubled individual and in no way reflected negatively on the actions of the ferry’s captain and crew. Final paid defense costs: $5,200.

While both cases were somewhat atypical of what would normally be considered a “marine incident,” they reflect the different types of exposures and increased scrutiny that officers serving aboard passenger vessels often encounter. And, as in all situations that threaten a professional mariner’s license, livelihood and professional reputation, having an experienced legal representative is always prudent.

MN (U.S. Coast Guar d photo/P

A3 Barbara L. Patton)

Coast Guard small boat and Staten Island Ferry.