JACKSONVILLE, Fla. — Attorney Willie E. Gary and the family of Lonnie Jordan were at the Duval County Courthouse Wednesday as the first lawsuit was filed in relation to the El Faro sinking.
Gary said his clients are seeking $100 million.
The complaint was filed against the owner of the cargo ship TOTE Services, Inc. d.b.a. TOTE Maritime, Puerto Rico, and ship Capt. Michael Davidson.
The law office is conducting its own investigation into the incident.
"My clients need a voice," said Gary.
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Gary said he is sending a message to big business, "You can run, but you can't hide."
He said the family is seeking extensive changes to the maritime industry.
“This case is about the oldest sin known to man and that’s greed,” said Gary.
The complaint says it seeks to hold the defendants accountable for their role in sending El Faro directly into the path of deadly Hurricane Joaquin.
Action News Jax went through each page of the complaint filed Wednesday in Duval County Court. That $100 million figure isn’t in the suit.
“It could’ve been a trillion. Could’ve been a billion,” said maritime attorney Rod Sullivan. “It’s against Florida rules to specifically mention a dollar amount that you’re seeking.”
Action News Jax followed up with Gary Wednesday night to find out where this number is coming from.
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“You can’t win if you don’t bet,” said Gary. “I didn’t know that a jury was going to come up and give me $23 billion in Pensacola last year but they did… So $100 million is almost peanuts.”
Sullivan said the number is unrealistic because of the Death on the High Seas Act, which limits how much families of these victims can get in damages from their employer.
He said the case is going nowhere fast.
“This case is going to have to be dismissed because it’s in the wrong court. It’s going to have to end up in federal court. So that’s going to be embarrassing to them, I would think,” said Sullivan.
Action News Jax asked Gary if he should have filed the complaint in federal court instead.
“No, absolutely not! No! N-o. No. Never,” said Gary.
He said it’s likely the case will wind up in federal court eventually, but as a lawyer, he just doesn’t like practicing there.
El Faro sank in early October and the 33 crew members who were on board are presumed dead.
The National Transportation Safety Board is investigating the incident to find out what happened, who's responsible and how it can be prevented from happening again.