JACKSONVILLE, Fla. — A court document was filed in federal court Friday asking the courts to limit how much Tote Maritime, owner of sunken cargo ship El Faro, would have to pay out to families if they're found to be liable.
The 9-page document, filed late Friday by the attorney for Tote Maritime, details the following:
-It says the company exercised due diligence to make El Faro seaworthy in all respects and properly trained the master and crew.
-The report says the master monitored everything with Hurricane Joaquin and then altered the plan after watching the hurricane's track.
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-It says the loss of all 33 people on board El Faro was not due to any fault or negligence of Tote.
-It also puts a dollar amount of zero on the ship, and says the cargo was estimated to be worth $25 million. The owners of the cargo paid Tote $2 million to transport it from Jacksonville to San Juan.
The document also asks for a cap of more than $13 million dollars to be paid out to all 33 families if Tote is found to be negligent.
The search lasted for several days and right now, Navy crews are using sonar equipment to try and locate the ship and voyage data recorder.
We spoke to a Tote attorney who said the filing is an effort to ensure all the lawsuits filed are filed locally in Jacksonville.
Action News Jax has already reported there have been four lawsuits filed; many more are expected.
Action News Jax law and safety expert Dale Carson looked at the filing and said the court will still have to decide how to move forward.
The attorney for Tote Maritime said they're trying to do what's fair and this filing is part of it.
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