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Bard
10-02-2005, 02:52 PM
N.Y. Tour Boat Capsizes, Killing 19 People

http://apnews.myway.com//article/20051002/D8D057QO0.html

Oct 2, 5:40 PM (ET)


LAKE GEORGE, N.Y. (AP) - Nineteen people were killed when a small tour boat carrying 47 people flipped over Sunday on a lake in upstate New York, the county sheriff told the Glens Falls Post-Star.

Warren County Sheriff Larry Cleveland told the paper the Ethan Allen capsized when another tour boat passed near it and swamped it. The Ethan Allen sank, he said.

The 40-foot, glass-enclosed tour boat flipped around 4 p.m. on Lake George about 50 miles north of Albany in the Adirondack Mountains.

The weather was clear, calm and in the 70s Sunday afternoon.

Representatives of Shoreline Cruises, which operates the boat, could not immediately be reached for comment.

By 5 p.m., all the passengers had been accounted for, Cleveland told the paper.

The passengers were part of a senior citizen's cruise on the lake.

pplantlady
10-02-2005, 06:18 PM
That is so sad :(
Seniors too.... my heart aches for all of them and their families.
A tragic end to what seemingly started out as a nice day.
You just never know......
Plant

Powerhouse
12-02-2012, 10:40 PM
Update:
http://www.timesunion.com/local/article/Ethan-Allen-lawsuit-tossed-4077192.php

Ethan Allen lawsuit tossed
Court of Appeals rejects action over state inspections, ending case where 20 died in capsizing
By Robert Gavin
Updated 8:56 p.m., Thursday, November 29, 2012

ALBANY The legal struggle over the deadly 2005 capsizing of the Ethan Allen tour boat on Lake George ended Thursday when the state's highest court dismissed a lawsuit over the state's inspection of the boat.

The Court of Appeals unanimously ruled that because the state "owes no special duty" to the victims, their allegations that state inspectors failed to certify safe passenger capacity on the ship must be dismissed.

Twenty passengers died and others were injured when the Ethan Allen capsized on Oct. 2, 2005. The boat was carrying 47 tourists, mostly senior citizens, and one crew member on a leaf-peeping tour...

...The state argued it was not liable to be sued because the inspectors were performing a classic governmental function and, as such, were exempt due to "sovereign immunity." State workers are generally shielded from legal liability when working within their discretion.

The Court of Appeals also acknowledged the tragic outcome.

"Although the law is clear, the upshot is that, regardless of any negligence on the part of the state, the victims of this disastrous wreck are essentially left without an adequate remedy," the ruling stated.

The justices observed that a 2011 bill introduced in the state Assembly to require public vessels to carry marine protection and indemnity insurance "might have been able to provide a modicum of relief" for the Ethan Allen victims.

This case against the state was the last suit resulting from the fatal accidents. Lawsuits were settled against Shoreline Cruises, which owned the Ethan Allen; the boat's captain, Richard Paris; as well the Canadian tour company that organized the Lake George tour.

Shoreline and Paris pleaded guilty to misdemeanor counts of violating navigation law. Lawsuits against other defendants have either been settled or dismissed.

In September 2010, the families of the victims settled a lawsuit in U.S. District Court alleging and the Lake George Steamboat Company The Mohican, owned by the steamboat company, caused a wake that tipped the Ethan Allen and sent the passengers into the water....