July 2009

U.S. Water News Online

RICHMOND, Va. — A federal appeals court has found that the owners and operators of a capsized water taxi cannot sue the U.S. Coast Guard for erroneously certifying that it could carry up to 25 people.

A three-judge panel of the 4th U.S. Circuit Court of Appeals affirmed a lower court ruling finding the Coast Guard was immune from suit.

The Lady D, a double-hulled pontoon boat, capsized in Baltimore's Inner Harbor in a 2004 wind storm, killing five of the 25 people on board, injuring several others and damaging the vessel.

After the incident, the Coast Guard determined that the craft could safely carry no more than 15 people.

Baltimore Harbor Shuttle LLC, Living Classrooms Foundation Inc., and their insurers settled a $17 million lawsuit and in turn, sued the government.

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