In re City of New York
United States Court of Appeals for the Second Circuit
522 F.3d 279 (2008)
- Written by Daniel Clark, JD
Facts
The City of New York (city) (defendant) owned and operated several passenger ferries. The ferries carried passengers free of charge between the northern shore of Staten Island and the southern tip of Manhattan, and each ferry could carry up to 6,000 passengers at a time. The city had a rule requiring both a ferry’s “captain and assistant captain to be together in the operating pilot house” while the ferry was traveling. However, this two-pilot rule was not enforced, a fact that Patrick Ryan, the city’s director of ferry operations, was aware of. On October 15, 2003, a ferry was transporting commuters from Manhattan. Richard Smith, the ferry’s assistant captain, was piloting the ship while the captain was elsewhere on the ferry preparing for an inspection, in violation of the two-pilot rule. Another employee was in the pilot house with Smith but was not assigned to or performing any duties there. As the ferry approached Staten Island, Smith became suddenly incapacitated. The ferry crashed into a pier at full speed, resulting in 11 fatalities and dozens of injuries. Hundreds of claimants (plaintiffs) sued the city in district court. The city petitioned the court for a ruling limiting its liability under the Limitation of Liability Act. The district court denied the city’s petition, and the city appealed.
Rule of Law
Issue
Holding and Reasoning (Katzmann, J.)
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