A passenger from Queens will be the first to file a lawsuit over a wrenched back he got on board the crashed Andrew J. Barbieri ferry this weekend. Flabio Silva, a construction worker, said he thought the ship had been taken out of service after the 2003 crash, and is filing a $5 million suit today, claiming he has had a difficult time sitting down since the crash. His lawyer, who represented six victims of the 2003 crash, told the Daily News, "The City of New York is responsible for the action of its employees, the crew and the operation and maintenance of this boat."
An NTSB investigation has also ruled out criminality in the crash, but it could end up taking them a year and a half to determine the cause of the accident. They have determined that Capt. Donald Russell was actually on the hull of the ship instead of at the wheel at the time of the crash, and Assistant Capt. Maqbool Ahmed had taken over control of the ship. Perhaps Russell felt more comfortable at the hull, as it was only his second day as a captain.
Though Russell had worked as an assistant captain for almost two years, Saturday was his second day as the ship's captain, and his first time working with Assistant Capt. Ahmed. But surveillance showed they weren't doing anything that would distract them from the situation, and completely followed protocol. After engaging the reverse thrust failed to curb the ship's speed, they sounded the ferry's horn and warned passengers to brace for impact.
They also got some assistance from dock worker Ari Vidana, who is being hailed as the hero of the day for lowering the docking footbridge to absorb some of the ferry's impact. His brother-in-law said, "A lot of guys would be tailing it. If he didn't react quick enough, the ship would have went under the bridge and hit the terminal."
Mayor Bloomberg, who did not make an appearance at the scene of the crash, finally held a press conference yesterday, saying the crash was a "plain and simple" mechanical failure. He also dodged questions about his whereabouts over the weekend, asking if anyone had “Any other questions that’s not a social thing?” When asked if he had heard the complaints about his absence, he responded, “I didn’t hear them, so I’m not sure whether there are, but if you’ve reported them you’ve found someone to complain. What was the problem?" He said he handled the situation by phone from wherever he was, and that the NTSB was doing a good job with the investigation.
