Ruling: El Faro Crew's Families Can't Sue TOTE

WJCT News | By Stacey Readout - News4Jax

Published November 4, 2015 at 6:49 PM EST

TOTE Maritime won an order Wednesday that tells the families of El Faro crew members they cannot file a lawsuit against the shipping company.

The families have until December 21 to file any intent to claim compensation with TOTE's lawyers.

Lawyers for TOTE, which owns El Faro, filed a complaint in the U.S. District Court in Florida last Friday, saying it did everything in its power to ensure the ship was safe and thus should bear no financial liability in regard to the families' claims.

One maritime lawyer said the move was "highly insensitive to the families" of the sunken ship's crew.

Florida Senator Bill Nelson took to the Senate floor Wednesday evening to criticize TOTE Maritime's attempt to limit its liability.

https://www.youtube.com/watch?v=o9kbsfAX-Pc

"This is clearly hasty decision making. It clearly is a matter of concern to me because most of these mariners were from my state of Florida. Their families are grieving and hoping for any answers as to what happened to their loved ones," said Sen. Nelson.

The company's complaint says it "exercised due diligence" to make sure the 40-year-old vessel was seaworthy and well-equipped for its September 29 trip from Jacksonville, Florida, to San Juan, Puerto Rico, and should thus be "(exonerated) from liability for any and all losses or damages sustained during the voyage ... and from any and all claims for damages that have been or may hereafter be made."

Families of ten crew members have already filed lawsuits against TOTE on the grounds that El Faro had a shoddy maintenance history and was reckless for knowingly sailing toward a hurricane.

" We will be fighting TOTE and their claim of limited liability. We’re going to show that TOTE knew the El Faro was a defective ship that they knowingly sent into the path of a hurricane," said Houston-based attorney Kurt Arnold, who recently filed a lawsuit on behalf of the family of crew member Howard John Schoenly.

TOTE said its liability for the shipping disaster should be capped to $15 million and has established a compensation fund in that amount.

TOTE sent a statement to CNN that said, "The company will not discuss individual legal actions, out of respect for the legal process. Our focus remains on support and care for the families and their loved ones."

El Faro disappeared October 1 some 30 miles off the coast of the Bahamas, as Hurricane Joaquin raged in the region. The massive ship sunk with 33 crew members on board.

The wreckage was located 15,000 feet deep in the ocean. It partially broke apart and the navigation bridge and deck are missing. The voyage data recorder has not been found.