Green light for the NORMAN ATLANTIC’s Civil case in Bari

The civil Court of Bari

Following the last hearing in the NORMAN ATLANTIC’s civil case running in the court of Bari, the judge had kept the file in reserve on the many exceptions raised by the counterpart lawyers to support the ineffectiveness and illegitimacy of the notifications and of the whole trial action; on the contrary, by order of the judge dott.ssa SIMONE RAFFAELLA, the Court has instead decided to proceed further in the case and has accepted our request to extend the claim for 26 million euro against VISEMAR COSTRUZIONI, owner of the “naked” hull of the Norman Atlantic ship, then leased to Visemar Navigazione and in turn from this rented to the Greek company ANEK AE. Following the summons for the third party’s call in the trial, the first company will then be jointly held with the others to pay all damages to passengers.

The next hearing of the trial is scheduled for 03/28/2019 09:30 AM FOR THE CALL OF THE THIRD COMPANY.

In the meantime, the criminal trial – passed the phase of the probative incident that has verified the presence of serious responsibilities and malfunctions as with the expert report ordered by the preliminary investigation judge – is undergoing a decisive delay in the start of the trial phase due to structural problems in the court of justice building of Bari; in fact, starting from the end of July, is being declared the stop of all criminal cases with not a few organizational problems for the Public Prosecutor’s Office, which is now without a proper building to celebrate the trials.

We will keep you up-to-date on upcoming developments in civil hearings and criminal cases.


LUCE VERDE PER IL PROCESSO CIVILE A BARI

A seguito della ultima udienza nella causa civile sul naufragio della NORMAN ATLANTIC presso il tribunale di Bari, il giudice aveva trattenuto il fascicolo in riserva sulle molte eccezioni sollevate dai legali di controparte per sostenere la nullità delle notifiche e della azione processuale; al contrario con ordinanza del giudice dott.ssa SIMONE RAFFAELLA, il Tribunale ha invece disposto procedersi oltre nel processo ed ha accolto la ns richiesta di estendere la domanda risarcitoria per 26 milioni di euro circa nei confronti della VISEMAR COSTRUZIONI, proprietaria dello scafo “nudo” della m/n Norman Atlantic, poi concessa in locazione a Visemar Navigazione e a sua volta da questa noleggiata alla compagnia greca ANEK AE. A seguito della citazione per la chiamata del terzo nel processo, anche la prima società sarà quindi tenuta in solido con le altre al risarcimento dei danni a favore dei passeggeri.

La prossima udienza per la prosecuzione del giudizio è fissata al 28/03/2019 09:30 PER CHIAMATA DEL TERZO.

Nel frattempo il giudizio penale – superata la fase dell’incidente probatorio che ha accertato la presenza di gravi responsabilità e malfunzionamenti con la perizia disposta dal giudice delle indagini preliminari – sta subendo un deciso ritardo nell’avvio della fase dibattimentale a causa dei problemi strutturali nel palazzo di giustizia di Bari; di fatto a partire da fine luglioo’è stato lo stop di tutte le cause penali e non pochi problemi organizzativi per la Procura, che si ritrova senza aule per celebrare i processi. Vi terremo aggiornati a breve sui prossimi sviluppi delle udienze civili e della causa penale.

Annunci

Fire emergency in Greece on Anek’s ferry΄El Venizelos’ – ΄ΕΛΕΥΘΕΡΙΟΣ ΒΕΝΙΖΕΛΟΣ΄: ΜΙΑ ΑΚΟΜΗ ΠΥΡΚΑΓΙΑ ΞΕΣΠΑΣΕ ΣΕ ΟΧΗΜΑΤΑΓΩΓΟ ΠΛΟΙΟ ΤΩΝ ΑΝΕΚ LINES

In the night between August the 28th and the 29th 2018 the ship Eleftherios Venizelos, another ferry from Anek Lines, during its travel from Piraeus to Crete with 875 passengers and 141 crew on board, was hit by a serious fire in the garage area, so much that the Captain was forced to declare general emergency and abandonment of the ship.

The emergency operations were not easy and implied the intervent of two firefighting tug boats, ten tenders, 48 firefighters and two emergency teams, as the fire was very quickly expanding from the lower decks and heavy black smoke was inclosing the ship.

The dynamic of the new accident is similar to the disaster of the Norman Atlantic, which as this one, was operating under the flag of the Greek company ANEK: a vehicle parked on board caught fire so that from 12am the board started to send emergency signals to get help from the Coast Guard.

After we assisted dozens of passengers who suffered a devastating experience onboard of the Anek’s ferry Norman Atlantic in the nights of the 28/29 December 2014 where so many lost their life, an all others suffered for their personal safety and for the losses of their personal belongings and for which we already submitted to the Civil Court of Bari our law suit against Anek and Visemar (see our web page on such case: https://giustiziapernormanatlantic.wordpress.com/), we face another case with a fire that broke out in the car deck of a ferry.

The emergency operations on the Eleftherios Venizelos went on during all night and the ship was at the end escorted back into Piraeus and all the passengers were disambarked only during the morning of the 29 August.

Media sources report that the ship has had many problems operating so much that since 2014 it has a discontinuous use, with some short-term rentals (including one to the Greek government for the transportation of migrants from the islands) and sporadic income in service as a replace of other ships Anek stopped for repairs. This raises questions in relation to safety of the ship. These questions will be adressed by with a specific complaint we will file to authorities that have already opened an investigation to find out the causes of the fire and the reasons for the lack of containment of the flames in the garage by the drenching system, providing all the trial expert’s reports on Norman Atlantic about critical issues on fires in Ro/Ro ship’s garage open decks. Continua a leggere

28.06.2018 – second hearing in the Norman Atlantic civil case

Yesterday morning, in Bari Courthouse, the second hearing was held in the civil case brought by our legal team against ANEK AE and Visemar di Navigazione, following the filing of the supplementary memorandum ordered by the judge to specify in detail the damage items and factual elements for each passenger.

Once again the counterpart lawyers have raised numerous and insidious ritual and procedural exceptions, concerning the forfeiture – statute of limitations of the compensation action and rights recalling the Athens convention and the reg.CE 392/2009, in the attempt to guarantee a maximum limit to all compensation for passengers, as  established by the European Community standard, while we immediatly replied on the lateness of these procedural exceptions, on the inapplicability of the CE limits to compensation in the presence (as in our case) of criminal offenses and serious fault / willful misconduct by the carrier (or its employees), requiring finally the judge to authorize the extension of the civil case also against another company of the visemar group (Visemar Trasporti Srl) as owner of the ship and responsible – economically jointly  with the other two, for all compensation, in order to have a more adequate guarantee of solvency, taking into account the high request for compensation also for punitive damages that we proposed.

The judge decided to limit the topic of the discussion only on this last point, considered preliminary to others, and kept the case file in reserve in order to decide whether to authorize the call of Visemar Transport or not;in such eventuality the Court will set a deadline for notifying the deeds to this additional company, establishing a new hearing, or will set directly to the next hearing assigning to the parties an interlocutory term for the filing of replies on the further exceptions, as well as for the articulation of the investigations, filing of documents and certifications.

In the meantime the burned ship has been moved from the cruise dock to the entrance dock of the port of Bari, constituting a gloomy entry/exit ticket for all ships – but hopefully also a severe warning about accident prevention, where it will remain – always under seizure – pending the start of the criminal trial that may require further technical examination of the experts.

This last aspect, unfortunately, has undergone a further slowdown as the criminal court of Bari has recently been declared unfit and part of the hearing and the Public Prosecutor’s activities have moved temporarily under big “camping tents“, in conditions of extreme discomfort, and a recent government’s decree stopped all hearing until the end of the summer; however, we are confident that – after the conclusion of the preliminary investigations – the request for indictment for all the investigated is not far away, and this will certainly represent a decisive turning point for the rights and expectations of passengers and victims.

The investigation phase has been closed; Norman Atlantic approaches the criminal trial

norman atlantic chiuse indagini preliminari processo penale
A big step towards the criminal trial that will bring finally light and justice to the Norman Atlantic marittime disaster; great satisfaction from our legal team, not only because we are approaching the trial, but also because the Public Prosecutor has clearly listened to the complaints of our clients, adding to the accused list all the crew members who did not provide the necessary assistance to passengers. There was no loading plan for the heavy trucks, and the fire started to develop from one of the refrigerated trucks, because there were not enough power outlets and the truck drivers kept their engines running to cool the goods. A hypothesis that had already made its way in the days following the fire, as a malpractice prohibited by navigation regulations. And there were other and numerous negligence, both in the risk assessment and during the evacuation, with extreme disorganization and several crew members who left the ship way before the passengers were safe. Now the Bari prosecutor, after 3 years close investigations, adding all the crew members to the accused, mainly for our multiple reports of severe complaints from our clients for abandonment of the ship; 30 people and two companies, Visemar and Anek Lines, now face the criminale trial for the shipwreck of the Norman Atlantic ferry, which took place off the Albanian coast on the night of December 28 2014 after a fire broke out on board that cost the lives of 31 people, including some Syrian migrants, even minors, and the wounding of others 64.

All the subjects under investigation are liable for involuntary cooperation in shipwreck, culpable homicide and multiple culpable injuries. Numerous violations on security and the navigation code are also contested. To the original 18 people already in the file of the p.p’s office of Bari, Ettore Cardinali and Federico Perrone Capano, they added others 12: they are the legal representative of Visemar, society owner of the ferry, Carlo Visentini, the two legal representatives of the Greek Anek Lines, charterer of the Norman Atlantic, in addition to the commander Argilio Giacomazzi and 26 crew members. 6 of them also contend that they had left the ship avoiding to help passengers way before they were safe. A series of negligences emerged in the expert’s report of the Port Authority of Bari, above all on the assessment of the risks and on the organization of the operations of evacuation of the ship, which would have caused the shipwreck and the death of some passengers. About the causes of the shipwreck we already ran trough a probationary incident phase that lasted about two years with numerous accesses aboard the wreck, moored since February 2015 in the port of Bari, and still subjected to seizure.

The experts report about a ineffective firefighting system and unprepared crew. The fire supposedly started from a refrigerated truck running a diesel engine during navigation. Furthermore, according to the accusatory hypothesis, a plan to load the 128 TIR on board (of which about 60 refrigerators) was missing, arranged on the bridges in an approximate manner, without respecting the distance between the vehicles and the availability of elettric power, forcing hauliers to keep the engines running. And both the captain and carrier companies were full aware of this malpractice. We are also waiting to call accusation about the reason why the captain and the shipping companies have decided to prevent the intervention of the Albanian tugs to wait the arrival from Bari of the rescue, forcing the passengers to fear for their life two day on a ship adrift in flames and in the stormy sea.

In the next few weeks we will update all our clients with more detail on the following steps, about the civil case running in Bari, relations between civil and criminal proceedings, and strategies of our team in order to bring justice and compensation to all.

Norman Atlantic: il punto della situazione a tre anni dalla tragedia

Today, December 28, 2017 falls on the third anniversary of the shipwreck and fire of the Norman Atlantic, and all those involved in the tragedy, can not but remember this date, and from our side we must briefly make a point of the situation about the status of trials and compensation.

  • The criminal trial is struggling to start, despite the probationary phase was closed in April 2017 and the report from the experts appointed by the Court of preliminary investigation of Bari has ascertained the actual existence of many malfunctions on the ship, failure to comply with the emergency procedures by crew and the very serious responsibilities of both Visemar (owner of the ship) and Anek (carrier). We know that the Public Prosecutors assigned to the Norman Atlantic case, in recent months have also dealt with some large and demanding proceedings on organized crime in Puglia, and we are therefore convinced that within the beginning of the new year it will finally be notified the request to trial to all the investigated subjects, starting the expected criminal trial phase, which will lead truth and justice to the victims. As already happened in all the trials on naval disasters that we have followed and continue to follow.
  • Negotiations: concerning on the compensation side, negotiations have reached a level of offers that has been considered by many passengers to be very far from the rightful expectations, even though many have been forced to accept these offers, due to economic difficulties in they were in, especially in Greece. We know that from the ascertaining of liability troughout the criminal case, we will avoid the compensation ceilings that so far have allowed the shipowners to keep the negotiations on a low level, and therefore the negotiations profile remains open to new possible results.
  • The civil trial: in December last year the civil lawsuit started, to avoid incurring the decadence that the European legislation introduced into our legal system, forcing passengers to act judicially within two years from a maritime accident that involved a compensation right, to avoid forfeiture. Defined by the newspapers a record process, the case of the Norman is the second major civil case in the maritime field in Italy: between our team “Justice for the Norman Atlantic” and the team formed by the Turinese Ambrosio & Commodo, Bona & Oliva and the Greeks Pavlakis-Moschos, two separate civil actions were started in 2017 at the Court of Bari, for a total request of almost ten million euro. The first hearing in our trial took place on 24.10.2017, and the judge Dr Simoni Raffaella has kept the file in reserve to decide on the many exceptions raised by the counterparts about the regularity of notifications, passive legitimacy and many other preliminary issues. Just a few days ago we received the order by the court which rejected all the insidious exceptions of Anek’s lawyers regarding the notifications and simply ordered the integration of the deeds with the facts acquired as a result of the probative phase from the criminal procedure (on the dynamic of incident and responsibility of the carrier) as well as about the specification of the damage divided for each position of the passengers and / or family members of the victims, then fixing the case for its continuation at the next hearing on June 26th 2018.

The first confrontation in court with the lawyers of Anek and Visemar, therefore, has definitely closed in favor of the victims and the civil case, pending the developments on the criminal procedures front, will be able to take place regularly in the next months in its preliminary phase. Continua a leggere

Le indagini sul Rina, dal Jolly Nero approdano al Norman Atlantic

L’onda lunga del jolly Nero travolge il Rina, e la macchia si allarga fino a Bari ed al disastro Norman Atlantic
http://www.ilfattoquotidiano.it/2017/04/19/jolly-nero-il-rina-non-e-piu-intoccabile-due-dirigenti-ai-domiciliari-per-false-certificazioni-sulla-sicurezza-delle-navi/3531856/

Documento Newspaper on our client’s testimonies

An article from Documento newspaper in Greece, recently took into account our legal Team collegue Mr. Kriton Metaxopoulos and some of our client’s interview.

Numerous faults, omissions and violations of basic safety rules are detected in the report on the causes of the tragedy of the Norman Atlantic shipwreck from the experts appointed by the Italian Justice which is currently displayed in «Documento» newspaper. At the same time, people who experienced the events of December 28th 2014, talk to «Documento» newspaper and describe the dramatic moments they experienced in the Adriatic, where they literally faced death.

The appointed experts reported that the ship was overloaded with vehicles and especially refrigerator trucks. The results showed that the on board vehicles were more than the available sockets. In this context, many refrigerator trucks had their engines working while the ship was on board. Furthermore, the experts concluded that the fire caused by a vehicle engine/machine, a fact that may be related to the operation of the engines the on board refrigerator trucks. It is mentioned that the inadequacy of the available sockets on the ship compared with the number of refrigerator trucks became subject of the debate among captain Argillio Giaromazzi, ship-owner Argillio Giaromazzi and representative of ANEK, few hours before the fatal incident.  It is also noted that due to overload of the ship, the vehicles in parking lots were almost stuck with each other.

According to the appointed experts, the construction of the ship, the arrangement of its inner spaces and the time required for the activation of the ship’s fire-alarm system were the basic factors that the fire impossible to be extinguished on time.

Mr. Kriton Metaxopoulos, the lawyer who represents families of victims of the Norman Atlantic shipwreck along with Italian lawyers, mentioned in Documento newspaper the following: ‘’The facts resulted from questioning procedure until today and basically the experts’ findings confirm all the allegations and arguments of both families of the victims and tragedy survivors. In any case, according to my opinion, there is no doubt about the civil and criminal liability of the defendants’’.

Survivors’ Testimonies

  • Mr. Ioannis Vassalos (passenger): ‘’There was no plan and the crew was not on its duty positions.  The situation was out of control.’’
  • Mr. Olivier Coissard (French passenger): ‘’There were such high temperatures that our shoes melted and our bags got burnt.’’
  • Mr. Evangelos Tsoukis (passenger): ‘’Every one of us acted spontaneously. […] There was no coordinated action or any information by the crew…’’
  • Mr. Leonidas Konstantinidis (truck driver): ‘’We were trapped and fire was getting closer to us. The only option seemed to be the sea’’.