Calling it a war.
The family of El Faro crew member Lonnie Jordan has filed a lawsuit against the owner and operator of the cargo ship, claiming they were negligent in allowing the crew to sail out in to the path of what would become Category 4 Hurricane Joaquin. Jordan’s family- being represented by Attorney Willie Gary- is seeking $100 million.
“We’re here today to send a message to big business. We’re here today to send a message to those in the corporate world that place more emphasis on making profits than they do saving lives,” Gary says.
TOTE Services, Inc., TOTE Maritime Puerto Rico, and the Captain of the El Faro are all named in the suit. Gary says they included the Captain in the suit for legal reasons, but are not seeking money from Michael Davidson's family. Davidson, Jordan, and 31 others are presumed dead from the El Faro sinking off the Bahamas after it got caught in Joaquin. One body was found during the extended Coast Guard search, but it was not recovered due to constraints around the search and rescue efforts.
The suit claims negligence by TOTE.
“What you’ve done was wrong, there’s no question about it. Was unnecessary. You don’t have to do what you did. You could have waited, the ship was not seaworthy and you should have known that, but you had to deliver cargo to get the green, and we won’t stand for it,” Gary says.
He contends the ship was too old and should not have been sailing. He also says there were other routes the El Faro could have taken, rather than one that ultimately intersected with the storm.
HOW TO HELP: El Faro family relief fund
Gary says he chose the sum based on his prior trial experience and the need to get the attention of TOTE, but he doesn’t think that’s enough to truly measure Jordan’s life.
“Money won’t bring them (the crew) back, I know that, but we’re going to change things,” he says.
He says they want to make it clear to big business and corporations that profits shouldn’t matter more than lives.
“It’s not just negligence, but it killed people. It took the lives of loved ones that are never to be seen anymore,” Gary says.
The NTSB is currently investigating the sinking, a process that is expected to take months. Gary says part of the reason they have filed the lawsuit now is to be able to gain access to some of the information as it's developing.
“We wouldn’t have the ability to get court orders and get documents and get information and get discovery and all of that without litigation. This is what we call war,” he says.
He says they will also be hiring their own experts to conduct independent investigations.
Gary says he’s working with other families of the crew right now, but wouldn’t disclose how many or plans to unveil more lawsuits in the future.
GALLERY: El Faro crew
A statement from TOTE Maritime’s representative says they won’t discuss individual legal action out of respect for the legal process.
"Our focus remains on support and care for the families and their loved ones," the statement says.
Gary says the family doesn't want to see TOTE out of business, but they want to make sure change happens to protect mariners in the future.
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