Showing posts with label legal. Show all posts
Showing posts with label legal. Show all posts

Wednesday, February 11, 2015

Captain Schettino Prison Sentence Set

Captain Schettino

Convicted & Sentenced

Costa Concorida Trial

 

Just over three years following the capsizing of Costa Concordia off the coast of Giglio, Italy, the Italian court has handed down its verdict in the trial of Captain Schettino. He was sentenced Wednesday to 16 years and one month in prison for multiple counts of manslaughter, causing a shipwreck and abandoning ship in the 2012 disaster that killed 32 people.


Sentencing by the three judge panel was as follows:
  • five years for causing the Jan. 13, 2012, shipwreck
  • one year for abandoning the ship 
  • one month for false communications to maritime authorities
While this sentence was less than the 26 years and 3 months requested by prosecutors, Schettino had commented (prior to sentencing) that the verdict "should have involved an entire organization and instead sees me as the only defendant." Several of his crew members had already taken deals by pleading guilty to their charges.

Despite the prison sentence, Schettino remains a free man.  The court rejected prosecutors' request that Schettino be immediately arrested. In Italy, defendants have two levels of appeals and sentences don't begin being served until those appeals are exhausted.

The appeals will undoubtedly center around Schettino's contention that no one died because of the collision, but because of problems beyond his control including the following factors:
  • helmsman who botched Schettino's orders immediately before and after the collision
  • crew members who weren't fluent in English or in Italian, the working language of the ship
  • emergency generator failed after the crash 
  • water-tight compartment doors also didn't work properly
  • lack of emergency drills after cruise started 
We have been covering the entire Costa Concordia accident, including the cleanup and legal proceedings.   For complete details, see our anchor article:  Costa Concordia Listing after Deadly Accident

Related Blog Posts 

Captain Schettino Testifies
Captain Schettino Gets Day in Court or Not
The Legal ABCs of the Costa Concordia Shipwreck (Peter Greenberg)
Costa Concordia Legal Update (Ongoing updates)
Expert Findings Released on Costa Concordia

Wednesday, December 3, 2014

Captain Schettino Testifies

Captain Schettino

Testifies in 

Costa Concorida Trial

 

CNN reporter Barbie Nadeau details Captain Schettino's testimony December 2nd as he took the stand for the first time. Commenting about the trial he said
 "It is exhausting, but I think it is going well," Schettino said of Tuesday's hearing. "It is important because this is the only chance I have to tell my version of events."
Several of his crew members have already taken deals by pleading guilty to their charges. Those testimonies may be hard for Schettino to overcome as he tells his version of the story. He faces up to 23 years in prison if convicted.  The trial began in July, 2013.

We have been covering the entire Costa Concordia accident, including the cleanup and legal proceedings.   For complete details, see our anchor article:  Costa Concordia Listing after Deadly Accident
Related Blog Posts 

Captain Schettino Gets Day in Court or Not
The Legal ABCs of the Costa Concordia Shipwreck (Peter Greenberg)
Costa Concordia Legal Update (Ongoing updates)
Expert Findings Released on Costa Concordia

Wednesday, May 22, 2013

Captain Schettino Trial Set for July

Captain Francesco Schettino, Captain of the Costa Concordia when it ran aground off the coast of Giglio, Italy, will stand trial in a hearing scheduled to begin July 9th in the Tuscan city of Grosseto.

Schettino is accused of multiple counts of manslaughter, causing the accident, and abandoning ship prematurely.  If convicted, he could face up to 20 years in prison.

 According to his lawyer, prosecutors rejected a plea bargain offer from Schettino last month but accepted those of five other officials, including four ship's officers and the crisis coordinator of the vessel's owners, Costa Cruises.  A plea bargain was also accepted for the cruise line as we reported in our previous article:  Costa Fined - No Criminal Charges in Italy for Concordia.

The court also rejected new evidence which Schettino's lawyer indicated would "clarify" that there were other factors, beyond the captain's control, that factored into the accident.  

Related Blog Posts Regarding the Costa Concordia:


Costa Concordia Legal Update

Costa Concordia Listing after Deadly Accident
     

Thursday, April 11, 2013

Costa Fined - No Criminal Charges in Italy for Concordia


Costa Cruises has made a €1 million ($1.3M) plea bargain settlement with an Italian court to limit its criminal liability for the capsizing of the Costa Concordia last January with the loss of 32 lives.  This move means that Costa Cruises will not face any more criminal charges and will now aim to participate in the forthcoming trial as an injured party opening the door for the company to seek damages for the loss of the ship.

A judge in Tuscany accepted the plea agreement for Costa Crociere, a division of Carnival Corporation in connection with the shipwreck off the island of Giglio in January 2012. 

Legal proceedings will continue Monday with a hearing to determine whether six of the line’s employees including Concordia captain, Francesco Schettino, and Mr Ferrarini, the company's crisis management chief.  Captain Schettino is expected to be indicted for multiple charges including manslaughter and abandoning ship before his passengers.

Although Costa Cruises has paid only €1 million in order to limit its criminal liability, the civil costs will be very much higher.  Costa still faces civil lawsuits by the relatives of passengers who drowned while trying to flee the ship, as well as by survivors who have turned down the firm’s starting offer of about €11,000 per person in compensation. Italian consumer group Codacons had advised passengers to reject the offer and instead called for a €125,000 minimum for each passenger.There has been at least one seven figure settlement already to the youngest victim of the shipwreck, a 5 year old boy.

Meanwhile, salvage operations continue off the cost of Giglio.   By late summer it is hoped that the ship will be floated off the rocks.

For Complete Coverage of this tragedy see the following blog post:

Costa Concordia Listing after Deadly Accident

Saturday, February 23, 2013

Costs Mounting for Carnival Triumph

A Wave of Expenses
Hitting Carnival

In the middle of Wave Season, typically the heaviest booking quarter of the year, Carnival Corporation is being hit by what must seem like a tidal wave as costs continue to mount in the wake of the latest disaster for the line, the fire February 10th on Carnival Triumph.

The cause of the fire is still under investigation and the cost to repair the ship have not been disclosed, but there have been several other financial impacts that have been identified.

Incident Response

As soon as Carnival Corporation learned of the fire, they mobilized a team of more than 3000 people at their headquarters in Miami, Florida and elsewhere to respond to the situation, coordinating efforts and seeing to the safe return of the ship, passengers, and crew. There were more than 200 staff on hand in Mobile, Alabama to assist in getting the passengers home.

We have just learned that a team of technical personnel and guest services staff that Carnival dispatched to the stricken Carnival Triumph on Monday, February 11 never made it to the ship. Recall that the ship drifted about 90 miles north of Progresso, Mexico. The small chartered boat that was taking the personnel to the ship had to turn back for fear of running out of fuel.

Ships & Boats Responding

The U.S. Coast Guard had Coast Guard Cutter Vigorous on scene from February 11th until the ship arrived in Mobile, AL. Three of the lines ships, Carnival Ecstasy, Carnival Legend, and Carnival Elation made stops bringing food and other supplies. The Coast Guard also air-lifted supplies, including generators to supplement the limited power onboard.

Carnival contracted with two tugs initially and added three more to tow the ship back to a port. Initially it was going to be Progresso, Mexico, but as the ship drifted 90 miles without power the destination was changed to Mobile, AL.

Mobile, Alabama Costs

As mentioned there were more than 200 staff on hand in Mobile, Alabama, including CEO Gerry Cahill, when the ship finally arrived in port.  Carnival arranged for buses, hotels, and chartered planes to accommodate the passengers as they disembarked.  The line indicated that more than 1,500 hotels rooms in Mobile and New Orleans had been booked and 10 charter flights had been secured to fly passengers to Houston on Friday.

The City of Mobile and the Port Authority also have their hands out for expense recovery:

The city will charge Carnival for the overtime costs of police, fire and public works employees who put in long hours the Thursday the ship arrived at the Mobile cruise terminal. The city also plans to charge the cruise line a wharfing fee as well as a charge for each passenger who used the gangway that led off the ship and into the terminal. The total cost has not been disclosed at this time.

Passenger Compensation & Lost Revenue

Passengers got a free cruise, most expenses credited, $500 additional reimbursement, and a 25% future cruise credit.  Complete details can be found in Carnival Triumph Additional Cancellations & Compensation

The Carnival Triumph will be out of service for an unknown period of time.  Cancellations have been announced through mid-April, but the down time could be increased depending on the results of the fire investigation and the necessary repairs.

Bottom Line Impact

Financial analysts estimate that the Carnival Triumph’s woes will have a 5-to-10 cents a share impact on CCL stock for this quarter, a sum that includes repairs, reimbursements and lost revenue.

As expected, there already are two suits filed as a result of the Carnival Triumph fire and the events following.  Some experts say that the Carnival (and other cruise line) contract protects the company from being sued, while others indicate it could be possible to make a case against the line.   We suspect that there could be some sort of settlement out of court. 

Reputation & Industry Impact

Despite the media hype surrounding this entire story, it doesn't appear to be having a major impact on the cruise industry.   The cruise industry is well regulated and self-correcting.  Yes, there may be lessons learned from this incident, but safegurds that were put in place, as recently as 2010, contributed to the outcome here, where there was no loss of life or serious injury.  The fire was contained by automatic fire fighting mechanisms which further protected the crew and passengers.

These incidents are rare and the cruise industry enjoys one of the highest safety and approval ratings of any other travel offering. We'll take a closer look at this in another article.

Cruise Lines International Association (CLIA) Vice President of Technical and Regulatory Affairs Bud Darr responded to media statements defending the safety of the cruise industry ships in the wake of the Carnival Triumph fire.

“There's no doubt that cruising is one of the safest, affordable and enjoyable vacation experiences available today, which explains why a record 20.6 million passengers worldwide enjoyed a cruise vacation in 2011,” he said.

There's still a little more than a month left on most of the Wave Season offers, so we recommend taking advantage of them before prices go up. Yes, prices will go up, not just on other lines, but Carnival as well. Carnival Triumph will be out of service, most likely for several months, which will put high demand on the remaining ships for all lines. The rule of supply and demand always impacts the cruise fares and this will be no different.

Note that Carnival Destiny is about to go into a 49 day dry dock for the most complex cruise ship refit ever undertaken by Carnival.

Saturday, July 21, 2012

Costa Concordia Black Box

Voyage Data Recorder (VDR)

The pre-trial hearing for the Costa Concordia disaster has been continued until October 15th due to technical difficulties analyzing the ship's "black box".  

The Voyage Data Recorder (VDR) would look very similar to the one pictured here courtesy of Maine Insight.  It's purpose, much like a similar device on an airplane, is to capture critical data about the ship which could be used in an investigation.

In addition to capturing vital data, it is capable of recording up to 12 hours of voice data, which would be very useful in the investigation.

Sensors are located on the ship's bridge, and other prominent locations, from which data is constantly collected and stored in the unit  Conversations from the bridge  could be manually triggered as well, such as during an incident, so that a fresh set of data would be gathered starting from that point in time.

Data is compressed and digitized for storage in the protective storage unit, mounted in a safe location.
The device can withstand severe weather, fire, collisions, and other hazards.     (Read more)

Costa Concordia VDR

There have been reports prior to today that the VDR on the Costa Concordia was faulty.   An email leaked to Italian media claimed that a faulty black box, open watertight doors, faulty ship instruments, and unapproved maps were partially responsible for this terrible accident.

When Judge Valeria Montesarchio  rescheduled the hearing today, we learned that it is indeed possible that there were some issues with the VDR.   The findings from that unit were to have been made public today.


Follow the Legal Proceedings:   Costa Concordia Legal Update
Complete Coverage: Costa Concordia Listing after Deadly Accident



Thursday, July 5, 2012

Concordia Captain Freed from House Arrest

Captain Francesco Schettino, Captain of the Costa Concordia when it ran aground off the coast of Giglio, Italy, was released from house arrest by Italian judges on Thursday.  He no longer has to remain confined to his home in Meta di Sorrento near Naples but must remain in the town.

Schettino is accused of multiple counts of manslaughter, causing the accident, and abandoning ship prematurely. 

He would also no longer be bound by the strict conditions of house arrest, which prevented him from communicating with anyone apart from his lawyer and close family. The judges' ruling said that the period Schettino had spent under house arrest had already had a deterrent effect and he would remain under adequate supervision by authorities.

Related:
Costa Concordia Listing after Deadly Accident


Wednesday, February 15, 2012

Costa Concordia Legal Update



This post will serve as the anchor post for all Costa Concordia legal matters.  

Information will be contained in the body of this post or links will point you to the story.


For Latest Updates on the disaster please see the following blog post: 

Costa Concordia Listing after Deadly Accident

11 Feb 2015 - Captain Schettino Sentenced

Sentencing by the three judge panel was as follows:
  • five years for causing the Jan. 13, 2012, shipwreck
  • one year for abandoning the ship 
  • one month for false communications to maritime authorities
Under Italian law, he now has two appeals before actually serving the prison sentence.

20 July 2013 - Five Sentenced


A court in Italy has convicted five people of manslaughter over the Costa Concordia shipwreck off Giglio island which killed 32 people in January 2012.  The plea bargains were accepted by the court.
Prison sentences ranged from 18 months to 34 months.  Five Sentenced in Costa Concordia Shipwreck 


17 July 2013 - Trial for Captain Begins

Captain Schettino's lawyers requested a plea bargain with the prosecutor objecting.  The court will rule out that in a few days. The names of the victims and how they died were read into the record on day 1 of the hearing.  Continuing coverage: Concordia Captain's Trial Finally Underway

9 July 2013 - Trial to Begin in Grosseto

Captain Schettino was scheduled to appear in court today to begin the trial where he faces several counts including manslaughter and leaving the ship. A nationwide lawyers strike in Italy has forced the postponement until July 17th. Full details: Captain Schettino Gets Day in Court or Not 

11 April 2013 - Costa faces €1m fine over Concordia

Costa Cruises has accepted a €1m ($1.3m) plea bargain agreement with an Italian court to limit its criminal liability for the capsizing of the Costa Concordia with the loss of 32 lives. They will no longer be held criminally liable in the Italy, and will in fact join the upcoming trial as an injured party seeking damages for the loss of the ship. Full details: Costa Fined - No Criminal Charges in Italy for Concordia

27 Feb 2013 - Prosecutors Request Indictments

Italian prosecutors in Grosseto, Italy, are seeking indictments against Captain Schettino and 5 others in the Costa Concordia disaster January, 2012.   Full details: Prosecutors Request Indictments

11 Sep 2012 - Expert Panel Releases 270 page Report

In a 270-page analysis, the experts indicated that there were several factors in response to Captain Schettino's maneuver that contributed to the botched evacuation: crew members bungled directions, didn't understand orders and weren't trained or certified in security and emergency drills. Costa Cruises was also to blame for not notifying authorities of the seriousness of the accident.  Pre-trial hearing is still scheduled for October 15th.   Full details: Expert Findings Released on Costa Concordia

21 Jul 2012 - Pre-Trial Adjourned until Oct. 15th

Judge Valeria Montesarchio confirmed at a courthouse in Grosseto, central Italy that problems analyzing the "black box"  (Voyage Data Recorder - VDR) caused an adjournment of the pre-trial hearing until October 15, 2012.

03 Jul 2012 - Captain Freed from House Arrest

Captain Francesco Schettino was released from house arrest by Italian judges on Thursday.  He no longer has to remain confined to his home in Meta di Sorrento near Naples but must remain in the town. Concordia Captain Freed from House Arrest


31 Mar 2012 - Carnival Triumph held by Court

A federal judge Friday ordered the cruise ship held in Galveston as part a $10 million lawsuit filed by the family of a German tourist who died aboard the Costa Concordia shipwreck off the Italian coast, according to a news story on Galveston Daily News. Read more about this in our blog article:  Judge Holding Carnival Triumph In Galveston

2 Mar. 2012 - Pre-Trail Hearings Begin

Captain Francesco Schettino, who denies accusations of manslaughter, causing a shipwreck and abandoning ship before all those aboard were evacuated, will not attend the proceedings in the town of Grosseto according to his lawyer. He indicated that it would be "unnecessary" for him to attend and it could be dangerous in light of the climate surrounding the proceedings.

Arriving in Grosseto

According to Italy's La Repubblica newspaper, more than 250 are already in the town as 70 lawyers and their teams arrive to represent survivors and relatives of victims in the legal proceedings. The public and members of the press will not be allowed to attend.

Panel of Experts to Review Evidence

Evidence and testimony, which has been gathered since the accident, will be presented to a court-appointed panel of experts made up of two naval experts and two academics. In a process that may take several months, these experts will have the task of reconstructing what happened and apportion degrees of culpability and blame.

Besides looking at Captain Schettino, the investigation will also look at the decisions and actions of Costa's vice-president, Manfred Ursprunger, and the head of its crisis unit, Roberto Ferrarini, with whom the captain was in contact during the evacuation. The ship's first officer, Ciro Ambrosio, is also under investigation. He was second in command of the vessel at the time.

Reports by the four experts, appointed at the hearing in the Tuscan city Grosetto, are due to be presented on July 21.


13- Feb. 2012 - Amended Lawsuit in Florida
39 Plaintiffs Asking over $500m

A suit filed in the state of Florida back in January, on behalf of 6 individuals who were onboard the Costa Concordia when it struck the rocky coastline January 13th, listed, and eventually was abandoned, was amended February 13th adding an additional 36 plaintiffs.

Not a Class Action Suit

A consumer protection agency in Italy had expressed its intent to file a class action suit shortly after the incident occurred. They are partnered with two U.S.-based law firms for this amended action.
The attorneys clarified the nature of their lawsuit indicating that it is not a class action.

“Although previous reports indicated a class action was filed, this is incorrect. No class certification is sought as the respective losses and injuries suffered by each plaintiff is unique,” according to a statement from the attorneys. 

The law firms are Napoli Bern Ripka Shkolnik & Associates (with offices in New York and Florida), New York-based Proner & Proner and Florida law firm Colson Hicks Eidson, along with Codacons, a consumer-protection association in Italy. 

Gross Negligence & Fraud Cited

The suit accuses the ship’s owners of gross negligence and fraud, and asks for at least US $528-million in damages.  Specifically it asks for more than $78 million in compensatory damages and at least US $450-million in punitive damages, plus interest and attorney costs.

The amended lawsuit was filed on Tuesday in the state circuit court in Miami against Carnival Corp, which is incorporated in Panama and headquartered in Miami, and several of its subsidiaries, including Florida-based Costa Cruise Lines and Costa Crociere, which is based in Italy and operated the Costa Concordia.

“Plaintiffs found themselves in a listing, capsizing, sinking vessel without communication, direction or help from the captain and misdirection from the crew from approximately 9:45 p.m. to approximately 11 p.m. and were left to fend for themselves,” the lawsuit said.

It alleges that the cruise company committed fraud in claiming that it complied with safety regulations, and that the online version of the agreement passengers had to accept in order to buy tickets did not include complete details.

Carnival Extends Deadline

Meanwhile, as we had reported in Compensation Guidelines Costa Concordia, those passengers who survived the incident and were not injured had been offered a settlement, of US $14,500 plus a refund and costs of travel home.  Passengers originally had a deadline of February 14 to respond, but the corporation has now extended the deadline to March 31st.

Carnival said it extended the deadline to allow passengers time to review the offer with less urgency.
“The families of deceased and missing victims and guests who were injured will be covered under a separate proposal based on their individual circumstances,” the cruise line said.

Captain Remains Under House Arrest

An Italian court refused February 7th to lift an order of house arrest for Francesco Schettino, the captain of Costa Concordia cruise ship that ran aground off a Tuscan island last month.

The court in Florence rejected two requests: one from prosecutors to jail Schettino and another from Schettino to be freed.

His pretrial hearing is scheduled for March 20th. If convicted on all charges, Schettino could be imprisoned for a term exceeding 2,500 years.