Thursday, October 10, 2013

Boater in Oyster Bay tragedy tries to limit liability

 Kevin Treanor's powerboat,, similar to this one, sank in a Long Island harbor July 4, 2012, killing three children. Treanor says the tragedy was not his fault.

Stephen Barcelo



Three children died, including the daughter of the boat’s owner, when the 34-foot Kandi Won capsized in Oyster Bay on July 4, 2012.




THE OWNER of a powerboat that capsized in a Long Island harbor with 27 people aboard last year, killing three children, is seeking to cap his liability in potential lawsuits to the post-sinking value of the vessel — $ 1,500.


Kevin Treanor, who lost his 11-year-old daughter, Harlie, in the tragedy of the Kandi Won in Oyster Bay on July 4, 2012, contends he is blameless and seeks exoneration under maritime law, papers filed in Long Island Federal Court reveal.


Treanor argues the 34-foot boat was swamped by a large wave or a wake from one of the many boats that had packed the harbor to view a fireworks show sponsored Cablevision’s Dolan family. The vessel sank in about 60 feet in water.


Nassau County District Attorney Kathleen Rice concluded the boat was overcrowded, but declined to press criminal charges.


Though Treanor claims there was no law enforcement personnel on hand that evening to control the heavy boat traffic in the harbor, his lawyer insists the filing is not pointing the finger at anyone.


“It’s just our job to prove Kevin Treanor was not responsible,” lawyer James Mercante told the Daily News.


The deadline for lawsuits is July 2014; none have been filed to date, Mercante said.


In an unrelated case, New York City lawyers tried — and failed — to limit the city’s liability after the 2003 Staten Island ferry disaster. But a federal judge rejected the bid to limit the city’s exposure to the salvage value of the crippled Andrew J. Barberi ferry, which crashed into a cement pier after its pilot lost consciousness. In that accident, 11 people were killed, and more than 70 others were injured.


jmarzulli@nydailynews.com





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http://newyork.greatlocalnews.info/?p=15452

via Great Local News: New York http://newyork.greatlocalnews.info

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