Judge rules BHI ferry lawsuits can move forward

WILMINGTON, NC (WWAY) — A federal judge has ruled lawsuits from passengers who were on the Bald Head Island ferry that ran aground in December 2013 can move forward.

Thirteen passengers and one crew member were hurt when the ferry Adventure ran aground on a sand bar in the Cape Fear River near Battery Island on Dec. 17, 2013, with Capt. Eugene Rodney Melton at the helm.

According to the ruling by Judge James Fox issued Tuesday, nine of the injured passenger and the injured crew member filed suit in the case. Five of those claims continue, while one of the passengers has settled his case with Bald Head Island Transportation and Bald Head Island Limited.

In his ruling Judge Fox writes that the boat’s owners “had knowledge that Captain Melton was chronically inattentive prior to the grounding,” including “a documented history of failing to maintain situational awareness, not keeping his eyes on the road and not keeping a proper lookout.” The ruling also says that no one disputes the grounding was a result of negligence. Specifically it’s admitted that it was “caused by Captain Melton’s ‘spontaneous negligent navigational error.'”

Fox writes that Melton “lost situational awareness and did not know where he was” when the boat grounded. According to the ruling, testimony in the case includes Melton’s multiple annual performance reviews that Melton too often did not pay attention of what was ahead of his boat in the water. Other reviews described Melton as being “distracted” on the job and giving him the performance objective to “not walk away from the helm leaving it unattended.” In 2011, Melton received an Employee Disciplinary Report that noted “he failed to ‘maintain situational awareness'” and included a “final warning.”

Coworkers testified in depositions about Melton’s distractions, including that Melton often took smoke breaks away from the wheelhouse, read and took pictures of birds and wildlife while on the job, would give dogs on board treats and even step away to put something in the microwave and eat food requiring utensils. There was also testimony that Melton and other captains often strayed from normal course to save time and fuel.

Last year Coast Guard investigators said Melton was “daydreaming” at the time of the grounding.

Other issues in the ruling include whether there were enough crew members on board so that one could serve as a lookout, questions about Melton’s radar training, which may have aided in avoiding the grounding, and the fact that other tools that could have helped avoid the accident were out of date or turned off that day.

The case now goes to another federal judge for scheduling.