How an 1851 law is being used to deny liability in the duck boat tragedy

Mark Alesia
IndyStar
The duck boat that sank July 19, 2018, killing 17, during a severe thunderstorm on Table Rock Lake near Branson, Mo., was brought to the surface on July 23, 2018. Crews continued to work on the salvage operation.

Tia Coleman, the Indianapolis woman who lost nine family members in the sinking of a duck boat in Missouri, expressed outrage at a court filing Monday by two companies facing multiple lawsuits in the tragedy. 

The companies, Branson Duck Vehicles and Ripley Entertainment, cited an 1851 maritime law to limit or eliminate liability for the tragedy that killed 17 people in July, according to Coleman's lawyers.

In a filing in federal court in Missouri, the defendants denied negligence in the sinking of the boat. But the filing said that if a court does find negligence, their liability is zero. That's because "the Vessel was a total loss and has no current value. No freight was pending on the Vessel."

Tia Coleman's loss:'My house is now haunted by silence'

What we know:The duck boat tragedy, the Coleman family, victims, survivors and lawsuits

Coleman and her lawyers called the legal maneuver "callous and calculated."

"Ripley’s legal claim that my husband and children are worthless is incredibly hurtful and insensitive," Coleman said in a statement. "Anyone who cares about people or has any human decency should boycott Ripley and their attractions."

One of the lawyers, Robert J. Mongeluzzi, said, "Ripley’s inhuman legal ploy will sink as fast as their death trap duck boat did. We will legally and factually demolish this frivolous claim."

A spokesperson for Ripley's said in a statement that the filing is "common in claims related to maritime incidents. It allows multiple court procedures to be carried out at the same time, with the aim of a swift resolution for everyone affected by the accident. While this filing may limit the company’s liability, we are filing this request at the same time we are actively pursuing mediation and settlement with those most affected, and have already scheduled, or are in the process of scheduling mediations." 

In July, the Springfield News-Leader looked at the 1851 law, the Shipowner's Limitation of Liability Act, which limits damages to the salvaged value of the sunken vessel.

"The law was intended to bolster a fledgling maritime shipping industry," maritime lawyer Daniel Rose told the newspaper. "Congress was trying to encourage people to buy vessels and improve the maritime system. This was 1850, there was no insurance for maritime vessels. The incentive was that if you go ahead and buy a vessel, we're going to protect you if anything goes wrong.

"Fast-forward two centuries, it’s still on the books. It comes up in every one of these major high-profile disasters."

Mongeluzzi said there have been no settlement offers. He is seeking $100 million in the wrongful death lawsuit involving two of the deceased passengers, including one member of the Coleman family.

The lawsuit alleged Ripley "recklessly risked the lives of its passengers for purely financial reasons."

Ripley Entertainment runs Ride the Ducks. Branson Duck Vehicles owned the boat.

Sixteen of 29 passengers died July 19 when a duck boat sank during stormy weather in Table Rock Lake near Branson, Missouri. A crew member also died.

Nine members of the Coleman family were killed including Tia's husband, Glenn Coleman, 40; daughter Arya Coleman,1; and sons Evan Coleman, 7, and Reece Coleman, 9.

At least 10 other lawsuits have been filed on behalf of other victims, including the five other Coleman family members: Horace Coleman, 70; his wife, Belinda, 69; his brother Irvin, 76; his daughter, Angela; and Angela's son, Maxwell, 2.

Ripley said in its court filing that boat was "in all respects seaworthy and properly manned." The boat, it said was "in good order and condition and suitable for their intended operation."