New York City will pay $3.5 million to the family of a visiting Belgian firefighter who was killed in a FDNY boat crash in the East River in 2022.
Victim Johnny Beernaert, 54, was aboard the FDNY craft Marine 1 Bravo on June 17, 2022, on a sightseeing trip with three other civilians, including his wife and one on-duty firefighter, when it collided with the chartered harbor cruise boat Honcho.
On Thursday, a Brooklyn Federal Court judge dismissed the lawsuit filed by Beernaert’s estate and his wife, Heidi Vermandel, after she and the city came to terms in the case.
The owner of the charter boat, New York City Boat Tours, and its skipper, Edward Mattiace, have agreed to pay out $500,000, according to the settlement papers.
The Coast Guard determined the FDNY was at fault, finding excessive speed and inadequate lookout on the part of Marine 1 Bravo caused the devastating crash.
“My clients are satisfied with the settlement, and they’re looking forward to getting on with their lives after their tragic loss,” said Paul Hoffman, Vermandel’s lawyer.
Marine 1 Bravo was motoring along the East River at 24 knots, in “favorable” conditions with calm seas and clear skies, according to the investigation’s findings. It was being piloted by now-retired FDNY Firefighter Thomas Waller, court papers show.
Waller took the boat out after a retired FDNY captain showed up at Pier 53 at Gansevoort Peninsula in Manhattan with Beernaert and his wife and asked for an impromptu sightseeing cruise of New York Harbor.
The 31-foot, rigid-hull, inflatable fireboat slammed into the Honcho, which was going at 5 knots, at around 10 p.m. Beernaert suffered a fatal head injury.
The boat was not sufficiently staffed according to the FDNY’s standards, which require a three-person crew for operations, according to the Coast Guard report, which also criticized the lack of oversight for nonemergency cruising.
The Coast Guard determined that the Honcho’s skipper was operating at a safe speed, and had spotted the FDNY vessel, but didn’t have time to realize the Bravo was about to cut across his bow because it was moving too fast.
In court papers, Mattiace’s lawyers maintained he was traveling “with his running, navigation and all-around white mast lights on and functioning properly, while maintaining a proper lookout, and in full compliance of the Inland Rules of Navigation.”
The FDNY would not comment on the settlement, but a spokeswoman said the department has taken several steps since the crash, including training for marine unit members.
After the collision, both the city and FDNY reviewed their marine patrol operations and acknowledged the lapses that led to Beernaert’s death; the FDNY added a written policy about non-FDNY passengers to its marine manual, according to the Coast Guard report.
“In practice, Marine does not approve requests for excursions that include non-active FDNY individuals,” FDNY spokeswoman Amanda Farinacci said in a statement listing the new protocols.
The department, she said, has also posted signs near its boats reading, “BY ORDER OF: THE FIRE COMMISSIONER AND CHIEF OF DEPARTMENT. Ride-alongs not authorized by the Chief of Special Operations Command (or designees) are strictly prohibited.”
A city Law Department spokesman said Thursday the settlement was in the best interests of all the parties. The lawyer for New York City Boat Tours and Mattiace declined comment.
NYC to pay $3.5M to family of Belgian firefighter killed in FDNY boat crash
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