U.S. Coast Guard to hold Marine Board of Investigation hearing Feb. 16-26

Wed, 01/27/2016 - 1:30pm

Maine Maritime Academy graduates Danielle Randolph and Dylan Meklin, who both hailed from Rockland, were among the 33 crew members of the steam ship El Faro that went down with the vessel Oct. 1, 2015, off the Bahamian coast during Hurricane Joaquin.

JACKSONVILLE, Fla. — The families of 10 El Faro crew members, killed when the container ship sank Oct. 1, 2015, off the Bahamian coast after running into Hurricane Joaquin, have reached a settlement with the ship's owner following the disaster that claimed a total of 33 lives. Two of the 23 other crew member families whose claims against the ship’s owner, TOTE Maritime Puerto Rico, remain outstanding are Danielle Randolph and Dylan Meklin, both from Rockland.

In court documents, Tote Maritime agreed to pay each of the 10 named families $500,000 to settle their claims against the company.

The 10 crew include three from Florida, one from Maine, one from Virginia and five from Poland. The Mainer was the ship's captain, Michael Davidson of Windham. The others were Keith Griffin of Fort Meyers, Fla., Roan Ronald Lightfoot of Jacksonville Beach, Fla., Howard Schoenly of Cape Coral, Fla., Richard Pusatere of Virginia Beach, Va., and Poland nationals Piotr Krause, Marcin Nita, Jan Podgorski, Andrzej Truszkoswki and Rafal Zdobych.

In addition to Randolph and Meklin, the remaining crew members included: Jeremie Riehm - Camden, Dela., Louis Champa - Palm Coast, Fla., Roosevelt Clark - Jacksonville, Fla., Brookie Davis - Jacksonville, Fla., Frank Hamm - Jacksonville, Fla., Joe Hargrove - Orange Park, Fla., Carey Hatch - Jacksonville, Fla., Jack Jackson - Jacksonville, Fla., Jackie Jones, Jr. - Jacksonville, Fla., Lonnie Jordan - Jacksonville, Fla., James Porter - Jacksonville, Fla., Theodore Quammie - Jacksonville, Fla., Lashawn Rivera - Jacksonville, Fla., German Solar-Cortes - Orlando, Fla., Anthony Thomas - Jacksonville, Fla., Mariette Wright - St. Augustine, Fla., Sylvester Crawford Jr. - Lawrenceville, Ga., Michael Holland - North Wilton, Maine, Jeffrey Mathias - Kingston, Mass., Mitchell Kuflik - Brooklyn, N.Y., (also a Maine Maritime Academy graduate, Class of 2011), and Steven Shultz - Roan Mountain, Tenn.

In a statement released Jan. 26, Tote Maritime officials said: "Since the loss of the El Faro, we have focused every effort on supporting the families of those on board. An important part of this support has entailed reaching fair and swift legal settlements for those who may choose them. We can confirm that we have settled financially with 10 families through a respectful and equitable mediation process. We stress that our support of all the families will continue. Out of respect for the legal process and the privacy of the families, we will not discuss the specifics of any individual legal actions."

Since the disaster, attorneys from Florida, Texas and throughout the country have filed lawsuits in Florida's state and federal courts on behalf of the 33 victims. TOTE Maritime quickly filed its own lawsuit, commonly referred to as a "Limitation Action," in federal court in Jacksonville, seeking to limit its liability and responsibility for paying claims.

Attorney Benjamin Gideon of Berman and Simmons in Lewiston represents the families of Midcoast El Faro crew members Randolph, 34, and Meklin, 23, who both graduated from Maine Maritime Academy in Castine, as did fellow crew members Davidson and Holland.

In early December, Gideon filed documents opposing the TOTE Maritime's request to limit its liability and financial responsibility arising out of the sinking of the ship and the loss of the 33 lives.

At the time, Gideon said on behalf of his clients, they "did not think it was appropriate for any court to impose limitations on the shipowner's liability or financial responsibility."

Gideon confirmed to PenBayPilot.com Wednesday that the settlements announced this week do not include Randolph and Meklin. In an email, Gideon also said the cases involving his clients remain ongoing. He declined to comment further at this time.

Also Jan. 26, the U.S. Coast Guard announced there will be a public Marine Board of Investigations hearing into the loss of the U.S.-flagged El Faro and its 33 crew. The hearing will be held Tuesday, Feb. 16 through Friday, Feb. 26, from 9 a.m. to 4 p.m., at Osborn Convention Center in Jacksonville, Fla.

Coast Guard officials said the first hearing session will focus on the pre-accident historical events relating to the loss, the regulatory compliance record of El Faro, crew member duties and qualifications, past operations of the vessel and the Coast Guard's search and rescue operations.

The investigation will determine as closely as possible:
• The factors that contributed to the accident;
• Whether there is evidence that any act of misconduct, inattention to duty, negligence or willful violation of the law on the part of any licensed or certificated person contributed to the casualty; and
• Whether there is evidence that any Coast Guard personnel or any representative or employee of any other government agency or any other person caused or contributed to the casualty

During a later hearing session, on a date to-be-determined, the accident voyage, including cargo loading, weather conditions and navigation will be examined in detail.

Coast Guard officials said that the National Transportation Safety Board, which conducted its own investigation, will fully participate in the USCG Marine Board of Investigation hearings.