Duck boat owner wants to settle lawsuits while pursuing legal tack to limit liability
BRANSON MO NEWS: Ripley Entertainment, owner of the Ride the Ducks operation in Branson where 17 people died in July when one of its boats sank in Table Rock Lake, has asked victims to consider entering into mediation to settle legal claims.
At the same time, Ripley Entertainment filed a complaint Monday to combine several lawsuits against the company and pursue a defense based on a 19th century federal law. That law limits liability against ship owners in maritime casualties to the value of the sunken vessel.
Attorneys for Ripley Entertainment say mediation, a legal proceeding held in private, could result in compensation to the victims for their losses faster than proceeding through the courts.
Kansas City attorneys Nancy Kenner and Tom Bender would mediate settlement negotiations. Kenner is an experienced mediator with the Kenner, Nygaard, DeMarea law firm in Kansas City. Bender is also a seasoned mediator with the Horn, Aylward & Bandy law firm in Kansas City.
Kansas City Mayor Sly James, who is a lawyer and has worked as a mediator, would act as a consultant to Kenner and Bender.
“Since the tragic accident on July 19th in Branson, Missouri, the primary focus of Ride The Ducks has been to do everything we possibly can to ease the pain of the survivors, their families, and the families of the deceased,” said Ripley Entertainment spokeswoman Suzanne Smagala-Potts in a statement. “We are continuing these efforts in several ways, including actively seeking mediation for those affected.”
Robert Mongeluzzi, an attorney representing several plaintiffs in the duck boat litigation in federal court, said he had received the mediation offer.
“That is something we are considering,” Mongeluzzi said. “Obviously, it is something we need to discuss with our client but no decisions have been made regarding that at all.”
Ripley Entertainment’s mediation offer comes as …
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