Hickey Law Firm to Represent the Families of Two El Faro Crewmen Lost at Sea

MIAMI - Nov. 17, 2015 - PRLog -- John H. “Jack” Hickey of Hickey Law Firm, P.A. with the main office in Miami announced today that his firm is now representing the families of two of seamen who are missing and presumed dead when the El Faro cargo ship sank near the Bahamas during Hurricane Joaquin October 1.

Louis Champa of Daytona Beach, Florida and Richard Pusatere of Virginia Beach, Virginia were among the 33 crew members onboard the 790-foot vessel when it disappeared while making a regular weekly trip between Florida and Puerto Rico. The shipping company allowed the vessel to depart Jacksonville when then Tropical Storm Joaquin was headed toward the expected route of El Faro and less than 12 hours before it was to become a hurricane.  El Faro proceeded on its course to San Juan and later reported to the Coast Guard that it had lost propulsion and was taking on water.

The company that operated El Faro, Tote Maritime Services, already has filed a case in Federal Court in Jacksonville in an attempt to limit their liability under the maritime law.

“Under a Federal Statute, the limitation of liability statute, 46 U.S.C. Secs. 30505 – 30511 and Rule F of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure, the owners or operators of a ship can in certain circumstances limit their liability to the value of the vessel and the freight onboard according to a certain formula,” Hickey said. “There are exceptions under that same statute and the maritime law where this limitation of liability does not apply.  We will fight that limitation on behalf of our clients.”

The judge in the case filed by Tote Maritime Services, under maritime law procedures, has set a due date of December 21, 2015 for the families of seamen to file claims against the operators of El Faro.

Hickey is the lead trial lawyer of Hickey Law Firm, P.A., a firm of 4 lawyers.  The firm has a combined experience of over 50 years.  2 of the firm’s lawyers are former prosecutors.  The other 2, Hickey and Eikeland, are formerly lawyers for ship owners and cruise lines and the insurance companies (called P&I Clubs) which insure ship owners and cruise lines.  Hickey is double Board Certified by The Florida Bar in the area of Civil Trial and the area of Admiralty and Maritime.  Hickey is consistently voted as a Top Lawyer in South Florida by Florida Trend Magazine, South Florida Legal Guide, and Superlawyers.  He is a Past President of the Dade County Bar Association and currently serves on the Board of Governors of The Florida Bar.