The crash, which occurred on October 15, 2003, caused the death of 11 ferry passengers and resulted in over 170 lawsuits filed against the City of New York for their negligence in breaking their own rule requiring two pilots present in the pilot house. The sole pilot in the pilothouse passed out, causing the ferry to crash into a concrete maintenance pier. Mr. Adde claimed that he suffered a herniated disc in his back when other passengers fell on him during the accident. The City claimed that Mr. Adde wasn’t even on the ferry that day. The back injury ultimately required surgery. At Mr. Adde’s deposition, he testified that after the ferry crashed, he walked to Battery Park from the ferry’s Manhattan Terminal, although the crash happened near the Staten Island Terminal. The City also claimed that Mr. Adde’s back injury was pre-existing. After a two day bench trial, which means that the judge and not a jury decided the case, the court concluded that Mr. Adde’s testimony was “much less than credible.”

The City claimed fraud and Mr. Adde’s attorney claimed that his client is an African immigrant who speaks English as his 4th language. The City will vigorously defend lawsuits that they believe are fraudulent and refused to settle the case before trial. However, the claimant will most likely appeal the judge’s ruling in the hopes of getting a new trial, so i am sure that we have not heard the last about it.

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My firm had the privilege of representing a passenger injured in the 2003 crash of the Barberi and much knowledge and insight was learned into the workings of the Staten Island Ferry operations. Before the crash, most deckhands would leave the decks and wait out the ride inside the crew-only spaces. When the ferry slowed down to dock, the deckhands would re-emerge onto the deck and prepare for docking. During the Barberi crash, the ferry never slowed down and the deckhands didn’t know that they were so close to the slip. If the deckhands were on the deck that day, they would have seen that the ferry was fast approaching the dock and could warn passengers to move away from the front of the ferry, where the impact occurred.

Yesterday, those lessons learned were put into action. Deckhands were present on deck at all times and warned the passengers of the impending crash, moving them away from the front of the ferryboat. New loudspeaker systems installed after the Barberi crash warned passengers to “hang on” and enabled many people to brace for the impact. If the new practices were not enacted, I could only imagine how many passengers would have seriously been injured just as I could only imagine how many less people would have been killed or injured if theses common-sense safety rules were followed in the Barberi crash. I am thankful that when faced with hundreds of claims, the City of New York realized that in the interest of safety, changes were needed. Those changes most certainly saved many more passengers from injury yesterday.

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The City and the DOT have painted new, high-visibility crosswalks, installed fencing to keep pedestrians safely out of traffic, and painted “stop bars” at the start of the intersection to signal to drivers where they should stop for yellow and red lights at a safe distance from the crosswalk. They have also installed heavy metal “bells” in the median, presumably to protect pedestrians who didn’t have enough time to finish crossing the street from the cars streaking along Hylan Boulevard. Unfortunately, the “bells”, which are approximately 2 1/2 feet high and painted black, are most likely isnbatleld below the site line of most cars and so near the road that they are a danger to cars, especially for turning cars. The shape of the “bells” and their location appear to enable cars to ride up and over them, with potentially devastating effects. It is believed that at least one accident was already caused by these “bells” and it is readily apparent from the scuff marks on the bells that numerous cars have hit them already, just a few weeks after they were installed. In order to protect the pedestrians, should driver’s safety be put at risk? The bells need to be removed or redesigned immediately to prevent any further injury or accidents. Although the safety of pedestrians is paramount, driver’s should not be subject to severe injuries in exchange for their safety.

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Decker, Decker, Dito & Internicola, LLP is pleased to announce the recent settlement with the City of New York for our client who was injured in the October 15, 2005 crash of the Staten Island Ferry boat Andrew J. Barberi. Our client was a passenger onboard the Barberi and sustained serious injuries when the ferry boat crashed into a concrete pier just outside the St. George Terminal. Despite his injuries, the client continued to aid in the rescue of the severely injured passengers on the ferry while awaiting emergency help. The client sustained numerous injuries to his neck, knee and shoulder during the crash. Due to his injuries, the client underwent spinal fusion surgery and multiple knee and shoulder surgeries. The case settled for $2,500,000.00 prior to the scheduled February 16, 2009 trial date. We wish the client well and hope that he will further recover from his injuries as time moves on. It was a privilege and an honor to represent him throughout this ordeal and we know that the future will bring him better days.

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