New York Cruise Ship Accident Attorneys
Shipwreck survivors file suit against cruise line
By Colleen Michele Jones | April 18, 2007
DOBBS FERRY - Fifteen of the 38 passengers in the Dobbs Ferry Travelers group rescued from a sinking cruise ship off the coast of Greece last month are suing the ship's operator and the travel agency that arranged the trip.
In the lawsuit, filed May 9 in the Southern District of New York federal court, the plaintiffs seek compensation from Cypress-based Louis Cruise Lines for their material losses, as well as pain and suffering endured in the ordeal.
The suit cites the cruise line's negligent handling of the evacuation of the Sea Diamond, which was carrying more than 1,100 passengers when it slammed into a reef off the Greek island of Santorini on April 5. The 469-foot vessel capsized and sank 15 hours after impact in the Aegean Sea. All but two of the ship's mostly American tourists were rescued, among them a group of current and retired Dobbs Ferry School District employees and their friends.
A Frenchman and his 16-year-old daughter, whose bodies were never recovered, are presumed drowned.
The accident cut short the four-day cruise planned by the Dobbs Ferry Travelers, who have vacationed together for the past 15 years. The group included Mary Bova, the 77-year-old mother of Dobbs Ferry Mayor Joe Bova.
The complaint, filed separately by each of the 15 passengers in the local group, cites several instances in which the cruise liner allegedly didn't do enough to protect passengers' safety. It also seeks reimbursement from Globus, a New York company that plans international trip itineraries, for its selection of Louis as a tourist cruise line.
The plaintiffs seek damages in excess of $75,000, an award which would likely be decided by a jury, according to Jacqueline James, the attorney representing the passengers.
James, a Dobbs Ferry native, is part of the Chappaqua law firm of Todd J. Krouner which specializes in malpractice and personal injury suits, including disasters at sea.
As of Wednesday when the Enterprise went to press, James said she expected to file complaints on behalf of another four or four passengers by the end of this week.
"I don't think anyone wanted to do this, but I think their hands are being forced," James said. "I think there is a real feeling of frustration at the lack of safety protocol and precautions."
The plaintiffs include Betty Burbage, a retired Dobbs Ferry Middle School teacher now living in Bronxville who plans and coordinates the annual trip. Burbage, 71, purchased insurance for the group from Globus, which is listed in the lawsuit as being in breech of contract for coverage in situations that include emergency evacuation, trip cancellation, travel delay, and loss of baggage and/or personal belongings.
The company has not paid on the policy so far, James said.
In the second maritime incident in as many months, earlier this week a cruise ship off the waters of Alaska ran aground, meaning it either went into shallow water or hit rocks under the water's surface. In that incident, 206 passengers had to be evacuated as the boat began to take on water.
The local survivors of the Sea Diamond were recognized by Greenburgh Town Supervisor Paul Feiner at a Town Board meeting May 9, where they received certificates from Feiner for showing "grace under pressure" and for helping their fellow travelers.
They were also honored with a "Welcome Home" banner which Community Hospital at Dobbs Ferry displayed on its front lawn after the group's safe return home.
While she is grateful to have survived the disaster, Sandra Murphy, a retired teacher from Springhurst Elementary, said she didn't want to see anyone else have to go through what she did. Murphy, 63, of Ardsley, said she had decided to seek legal action as a last resort.
"We're not the type just to go suing people. But when we stopped to think about what could have happened. .." Murphy said, trailing off as a mental picture of her waiting for four hours to be rescued off the doomed ship preyed on her mind.
The day after the sinking, Greek authorities charged the Sea Diamond's captain and five other crew members with negligence. Louis Cruise Line officials blame human error for the accident. The Greek Merchant Marine Ministry is still investigating the accident, including any information that may be yielded by a data recorder recovered from the ship, which is now being analyzed by United States authorities.
In a separate accident Monday that gave the cruise line another black eye, an Indonesian sailor was killed and another crew member was critically injured when a cruise ship operated by Louis Cruise Lines was preparing to dock at the Greek island of Mykonos.
Passengers on the sinking Sea Diamond say the evacuation was poorly coordinated and took too long.
Ann Horrigan, a retired Dobbs Ferry High School librarian who lives in Yonkers, recalls standing among throngs of people on the ship's main deck as life jackets were thrown into the crowd, instead of being handed out to passengers directly. Horrigan never received a life jacket.
"I just think there was a lack of preparedness and everything seemed haphazard," said Horrigan, 71.
Murphy agreed. "It seemed like the ship people weren't taking it as seriously as they should at the time," she said. "And now it seems like they're just sweeping it under the rug."
According to the passengers' attorney, the compensation offered by Louis Cruise Lines and Globus is not satisfactory.
The lawsuit claims that Louis has been "sluggish in its response and has suggested it is only willing to pay passengers a nominal amount for their loss, injuries, and distress."
James said the ship operator has offered approximately $2,000 per passenger for material losses. When they arrived on land, passengers were given 200 Euros (less than $200 in American currency) to buy essentials for the trip home.
Both the cruise line and the travel agency have asked passengers to submit a list of lost possessions, which for many included jewelry, cameras and other gadgets, evening gowns and tuxedos, and gifts purchased along their travels.
But the survivors seeking damages say they lost much more than just tangible items.
"The passengers were forced to endure hours of chaos, fear, and images of their death, and fear for health and safety of their loved ones," the lawsuit states.
James said the law recognizes that if an individual or company puts someone's life in jeopardy, they should be held responsible. She added that the passengers - many of them elderly - had to contend with physical obstacles, such as scaling rope ladders and climbing into life boats - in the evacuation, conditions that could require medical treatment in the future.
For several aboard the Sea Diamond, the days since the tragedy have brought mental anguish, dredging up nightmarish images of the ordeal.
"There is a relief that comes when you survive a near-death experience and a feeling of euphoria," James said. "The symptoms of stress and distress tend to show up later."
Howard Barker, an 83-year-old retiree from Dobbs Ferry, has not yet decided if he will pursue litigation. He and his wife, Madeleine, were among the last to evacuate the ship.
"I'm not ruling it out, I'm just not quite sure how I feel about it," Barker told the Enterprise last week.
James said that she is requesting a change in venue in the case.
"If they make these passengers go to Greece, I think it would show bad faith on their [Louis Cruise Lines'] part," James said.
No court date has been set yet.