NY Inspectors Can't Shake Tour Boat Disaster Suit

Law360, New York (July 15, 2011, 2:18 PM EDT) -- A New York state appeals court on Thursday ruled that sovereign immunity couldn't shield state inspectors from facing claims that they negligently certified the incorrect passenger limit for a Lake George tour boat that capsized in 2005, killing 20 passengers.

In a unanimous ruling, a five-judge panel found that the state had failed to prove its inspectors had actually exercised their discretionary authority when they determined that the Ethan Allen could safely carry 48 passengers before the fatal incident.

“Defendant has not submitted any evidence that...
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