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| A subpeona can be used to demand testimony |
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A subpeona is a legal instrument in a criminal or civil action that makes a demand for
the witness testimony or other form of evidence. A subpeona ad testificandum
compels testimony. A subpeona duces tecum is for production of physical evidence.
the witness testimony or other form of evidence. A subpeona ad testificandum
compels testimony. A subpeona duces tecum is for production of physical evidence.
A federal judge issued a subpeona to be served upon the captain involved in the
Staten Island Ferry accident of 2003. See NYT article involving federal subpeona.
Staten Island Ferry accident of 2003. See NYT article involving federal subpeona.
The subpeona was issued in connection with a salvage claim filed by a tugboat
company. The testimony is sought to determine how much assistance the stricken
ferry needed on the day of the accident. Preliminary Accident Report NTSB .
company. The testimony is sought to determine how much assistance the stricken
ferry needed on the day of the accident. Preliminary Accident Report NTSB .
Pilothouse controls on the Andrew Barberi. The ferry was involved in the tragic October 2003
marine accident in which eleven people were killed and over sixty were injured. In the wake of
the accident, the City of New York defended wrongful death actions and serious personal
injury actions in federal court by filing for limitation of liability. The federal judge in the limitation
of liability proceeding ruled against the defendant and denied the motion in favor of the injury
and wrongful death plaintiffs. This is the Staten Island end pilothouse. Thrust levers are to the
right of the seat and handwheels are to the left. The 10 cm radar is behind the operator's seat.
Source: National Transportation Safety Administration.
marine accident in which eleven people were killed and over sixty were injured. In the wake of
the accident, the City of New York defended wrongful death actions and serious personal
injury actions in federal court by filing for limitation of liability. The federal judge in the limitation
of liability proceeding ruled against the defendant and denied the motion in favor of the injury
and wrongful death plaintiffs. This is the Staten Island end pilothouse. Thrust levers are to the
right of the seat and handwheels are to the left. The 10 cm radar is behind the operator's seat.
Source: National Transportation Safety Administration.
A Tragic Accident
On October 15, 2003, at about 3:20 pm, the Staten Island Ferry Andrew Barberi was
near the end of a routine Manhattan to Staten Island transit when it crashed into a
maintenance pier. Seventy passengers sustained injuries in the horrible accident
and ten were killed. An eleventh seriously injured passenger died two months later.
(NTSB). One passenger was decapitated. The ferry was estimated by at least one
account to have been traveling at or close to its regular sea speed. The accident
investigation by the NTSB cited safety issues that included actions of the assistant
captain and captain, oversight of ferry operations by the New York City Department of
Transportation, medical oversight of mariners, safety managements systems and
others (the full accident report can be read from the "Preliminary Accident Report"
link above. The document is in Adobe PDF format and you may have to be patient
while it downloads.
Attorneys for the defendant City of New York made the argument that the accident
was an Act of God. That argument was rejected by the Eastern District Federal
Court. The Court also denied the motion by the defendant city attorneys for limitation
of liability and ruled that the personal injury and wrongful death plaintiffs would not
have their damage awards capped by the ancient maritime law.
On October 15, 2003, at about 3:20 pm, the Staten Island Ferry Andrew Barberi was
near the end of a routine Manhattan to Staten Island transit when it crashed into a
maintenance pier. Seventy passengers sustained injuries in the horrible accident
and ten were killed. An eleventh seriously injured passenger died two months later.
(NTSB). One passenger was decapitated. The ferry was estimated by at least one
account to have been traveling at or close to its regular sea speed. The accident
investigation by the NTSB cited safety issues that included actions of the assistant
captain and captain, oversight of ferry operations by the New York City Department of
Transportation, medical oversight of mariners, safety managements systems and
others (the full accident report can be read from the "Preliminary Accident Report"
link above. The document is in Adobe PDF format and you may have to be patient
while it downloads.
Attorneys for the defendant City of New York made the argument that the accident
was an Act of God. That argument was rejected by the Eastern District Federal
Court. The Court also denied the motion by the defendant city attorneys for limitation
of liability and ruled that the personal injury and wrongful death plaintiffs would not
have their damage awards capped by the ancient maritime law.