Salvage Claim in Staten Island Ferry Crash Sharply Reduced
A salvage claim by a tug boat and its crew for coming to the aid of the Staten Island Ferry Boat Andrew J. Barberi when it crashed into a concrete maintenance pier, was sharply reduced, surprising the attorneys for the claimants and the City of New York. The tug boat, Dorothy J., and its two-member crew, Robert Seckers and Paul Flecker, were awarded $46,203.00, in stark contrast to the $6 million demanded in their lawsuit. The Dorothy J., under the control of First Mate Robert Seckers, claimed that their efforts to bring the Barberi under control after the crash entitled them to an award of salvage. Salvage is a theory wherein a person efforts are rewarded for coming to the aid of or rescuing a ship or its cargo from an impending peril.
The tug boat's owner and its crew claimed that their efforts in pushing the crippled ferry back into its dock, approximately 35 minutes worth of work, entitled the owner and its crew to a substantial award, based upon the value of the ferry boat itself. Judge Edward Korman disagreed, saying that the crew's actions did not amount to pure marine salvage as the Barberi was never in any danger of sinking or colliding with another vessel. Also, the tug's owner, Henry Marine, already was under a contract with the City of New York to provide towing services, including helping stranded ferries.
Seckers still has a personal injury suit pending against the City of New York for post-traumatic stress disorder. His claims stem from the gruesome scene he witnessed after tying up the Dorothy J. to the side of the Barberi.
The law of salvage was created to help make the risk of saving a vessel in peril worthwhile to the potential salvor.The large salvage awards also are intended to encourage the return of the recovered cargo. While the advent of the Coast Guard and modern shipbuilding techniques may have changed salvage theory forever, one would hope that the real reasons for the law of salvage have not been forgotten; to encourage the saving of life and property in peril at great risk to the salvor. Without the potential rewards, will salvors be so quick to risk their own life and property?
