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A2   u.s. news
                Tuesday 19 November 2019






















            ‘Wall of water’: Lawsuits detail deadly Navy collision


            By REBECCA SANTANA           ships were trying to merge
            Associated Press             into  heavy  traffic.  An  un-
            NEW  ORLEANS  (AP)  —  Sur-  derwater  gash  sent  water
            vivors and descendants of  flooding  into  two  sleeping
            those  killed  when  a  con-  compartments  at  a  time
            tainer  ship  collided  with  a  when  most  of  the  nearly
            U.S. Navy destroyer off Ja-  300 sailors on board would
            pan’s  coast  are  suing  the  have been sleeping.
            ship’s  Japanese  charterer,  Sailor  Jackson  Schrimsher
            according to a lawsuit filed  was one of the last to make
            Monday  that  details  the  it out of the sleeping quar-
            survivors’ scramble for safe-  ters alive, according to the
            ty as water rushed in.       lawsuit. He recalled a “wall
            In dramatic detail, the law-  of water” coming at him as
            suit  against  Tokyo-based  he  tried  to  make  it  to  the
            NYK  Line  lays  out  how  sur-  door  —  "scuttle”  in  Navy
            vivors  of  the  collision  saw  parlance.
            water  rushing  at  them  as  “He  remembers  a  locker
            they scrambled for the ex-   falling  over  onto  him  and
            its and, in some cases, had  a  Sailor  pushing  him  out
            to swim for their lives. Seven  from  under  it.  By  the  time
            U.S. sailors were killed in the  he  reached  the  port-side
            collision  that  happened  scuttle, he was completely
            June  17,  2017,  as  the  two  submerged.                This July 11, 2017, file photo provided by the U.S. Navy shows the USS Fitzgerald in dry dock in
                                                                      Yokosuka, Japan, for repairs and assessment of damage sustained from a June 17 collision with a
                                                                      cargo ship in the waters off of Japan.
                                                                                                                                            Associated Press
                                                                      Plaintiff Schrimsher stuck his  brave  young  men  leave  tial impact of the collision.
                                                                      hand  up  out  of  the  water  behind  children,  parents,  On  the  contrary,  all  dece-
                                                                      through  the  scuttle,  and  spouses,  and  siblings  who  dent  Sailors  suffered  from
                                                                      was  pulled  to  safety,”  the  continue  to  try  to  make  a  significant  period  of  ex-
                                                                      lawsuit said.                sense  of  the  senseless,”  treme  conscious  pain  and
                                                                      The lawsuits allege person-  Schloss said.                suffering  and  pre-death
                                                                      nel aboard the ACX Crystal  A  request  for  comment  fright  from  the  time  of  the
                                                                      failed to follow procedures  submitted  on  the  compa-   collision  until  their  deaths
                                                                      intended to warn their own  ny’s website was not imme-    by  drowning,”  the  lawsuit
                                                                      crew  and  nearby  ships  of  diately returned.           states.
                                                                      impending danger.            The two lawsuits were filed  The collision was one of two
                                                                      For  example,  the  lawsuit  Monday  in  federal  court  deadly accidents involving
                                                                      says it wasn’t until one min-  in  Louisiana  on  behalf  of  American  Navy  personnel
                                                                      ute before the collision that  relatives of the seven dead  that summer.
                                                                      ACX Crystal operators took  sailors  and  40  sailors  who  On Aug. 21, the USS John S.
                                                                      the  ship  off  autopilot  and  survived  as  well  as  some  McCain — a Navy destroy-
                                                                      tried  to  evade  a  collision.  family members of the sur-  er — collided with a tanker
                                                                      The ACX Crystal also failed  vivors. The lawsuit is asking  near Singapore. Ten sailors
                                                                      to sound any short blasts to  in  excess  of  $287  million.  aboard the McCain died.
                                                                      alert  the  USS  Fitzgerald  of  The  lawsuit  says  NYK  Line  The Navy conducted a se-
                                                                      its  position,  the  lawsuit  al-  had  “principal  responsibil-  ries  of  investigations  and
                                                                      leges.                       ity for the navigation and/  reviews  into  the  two  colli-
                                                                      In  a  statement,  David  or  operation  of  the  ACX  sions,  concluding  that  the
                                                                      Schloss,  a  lawyer  for  the  Crystal.”                  accidents  were  the  result
                                                                      plaintiffs, said that the col-  The lawsuit laid out the fear  of  poor  judgment,  bad
                                                                      lision  was  “entirely  avoid-  and  panic  likely  experi-  decision-making and wide-
                                                                      able.”                       enced by the seven sailors  spread  training  and  lead-
                                                                      “The  negligent  and  reck-  who died as water flooded  ership failures by the com-
                                                                      less  conduct  of  the  Crys-  into the sleeping compart-  manders  and  crew  who
                                                                      tal's crew led to the horrific  ment.                     didn't  quickly  recognize
                                                                      drowning  deaths  of  seven  “None  of  the  decedent  and  respond  to  unfolding
                                                                      young  Navy  sailors.  These  Sailors were killed by the ini-  emergencies.q
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