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A federal judge has dismissed liability claims against the company
that modified a tour boat that capsized on Lake George in 2005,
killing 20 passengers.
U.S. District Judge
Thomas McAvoy says there's no evidence available about an old canvas
and metal canopy once fitted on the Ethan Allen, so there's no way
to determine a replacement wooden canopy installed by Scarano Boat
Building made the vessel unstable.
The boat was used for
tours on the Adirondack lake and had been certified for a capacity
of 50 people before any canopy was installed.
Ruling from the bench
after listening to lawyers for relatives of the victims and for
Scarano, McAvoy said any conclusions about the replacement canopy
would be “conjecture.”
The 40-foot Ethan
Allen carried 47 passengers and the captain when it suddenly tipped
over in clear, sunny weather on Oct. 2, 2005, sending screaming
tourists into the lake. Nineteen of those killed were from Michigan;
one person was from Ohio.
Investigators from
the National Transportation Safety Board believe the boat was rocked
by a wake from a passing vessel or multiple boats. A grand jury
heard conflicting testimony from survivors _ some said there was no
wake, others said there were six- to eight-inch waves.
The federal board
concluded in 2006 that the boat was dangerously unstable because of
structural changes done over the years and should have carried fewer
passengers, although it was certified to carry 48 passengers plus
two crew. State and federal weight limits have since been modified.
Tour boat owner James
Quirk settled claims last year.
A separate suit
against New York state, faulting its annual safety inspections of
the Ethan Allen, is pending in the New York Court of Claims.
In March 2007,
Shoreline and Paris each pleaded guilty to a single misdemeanor
charge, admitting there were not enough crew members aboard the
Ethan Allen. Paris and the company were each fined $250, and Paris
agreed to serve more than 200 hours of community service in lieu of
15 days in jail.
-AP wire reports, 5-12-09
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