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Railroad, Construction and Maritime Accident News in New York and New Jersey

New York Tugboat Crew Recovers Damages for Marine Salvage Claim


Posted on Sep 21, 2010

Earlier this week, a federal judge awarded $46,203 to the crew of the tugboat that helped the Staten Island Ferry during a 2003 fatal maritime accident.  The crew of the tugboat Dorothy J came to the aid of the Andrew J. Barberi after the Barberi crashed into a pier, killing eleven people and injuring 71.

The tugboat crew filed a lawsuit claiming that they had a “pure marine salvage” claim because they assisted the vessel.   The marine salvage rule allows mariners who put themselves at risk to save a vessel to recover damages. It is meant to encourage seamen to help other seamen and vessels who may be in peril.  The crew requested $6 million for their efforts.

The federal judge hearing the case found that the tugboat crew spent approximately 30 minutes helping the ferry, and that the success of the tugboat crew was “extremely limited” and had little effect on the outcome of the accident.  Mayor Bloomberg was on record as being against the financial recovery of the tugboat crew.  The judge concluded that the tugboat crew should only be compensated for the comfort it provided to the ferry crew and passengers which was valued at over $46,000.

The tugboat’s skipper still has a multimillion dollar lawsuit pending for alleged post traumatic stress that he suffered after the accident.

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