Lawsuit over Block Island Ferry brawl moves forward. Here's where it stands.

PROVIDENCE – A federal judge this week dismissed an action by the company that owns the Block Island Ferry attempting to limit its liability from claims arising from a brawl on board Aug. 8, 2022.

U.S. District Court Judge Mary S. McElroy on Monday dismissed the Interstate Navigation Co.’s motion to limit its liability to the $5.25-million value of the vessel, the MV Carol Jean. The judge found that the action had been filed outside of the six-month deadline required by the Limitation of Shipowner’s Liability Act of 1851.

While Interstate Navigation filed its motion within the six month deadline after 10 people sued over the brawl, the company had been notified about possible claims on Aug. 19, 2022, just days after the fights broke out.

“My clients were innocent victims injured by an unruly and intoxicated crowd of people who were allowed passage on your ferry back to Point Judith despite the obvious danger," Joseph M. Orlando Jr., an attorney for the suing passengers, wrote in a letter to Interstate Navigation. "The ferry was wildly under-crewed by a crew that was unseaworthy and not properly trained." As a result, he alleged, innocent, peaceful bystanders, including children, were “trapped” on the ferry.

In February, eight more passengers joined the lawsuit, which Interstate Navigation unsuccessfully argued should start the tolling of the six-month deadline.

McElroy instead found that the 2022 letter complaining about serious injuries created a “reasonable possibility” that their claims could exceed the boat’s value, triggering the six-month deadline.

Passengers sue on first anniversary of fracas

A group of passengers sued Interstate Navigation and Shoreham Inc., doing business as Ballard's Beach Resort, and several individuals on the first anniversary of the now-infamous confrontation on Aug. 8, 2022.

The complaint detailed multiple brawls that broke out during Reggae Fest at Ballard’s and spilled onto the docks, where people were waiting to board the last ferry home.

The passengers allege physical, emotional and psychological harm from being "stuck on a ferry for most of an hour in the middle of a large fight involving dozens of people, some wielding deadly weapons."

More: A year after the Block Island ferry brawl, passengers sue. Here's what they want.

Interstate Navigation denies claims, says Ballard’s is liable

The ferry company denies the claims and asks that allegations of negligence be dismissed.

“Block Island Ferry states that at all times … it acted reasonably and in good faith, and with due care for the rights and safety of the plaintiffs,” the company said in a response last week.

It noted, too, that only one person received treatment, for a laceration to his face.

The Block Island Ferry pulling into Galilee.
The Block Island Ferry pulling into Galilee.

The company argues that if passengers were injured in the manner alleged – which it denies – that it was due to their own careless and negligent conduct.

Further, it asserts in a cross-complaint that Shoreham Inc., owner of Ballard’s, and the other defendants should be held liable.

If it is established that the passengers did sustain injuries and damages, Interstate Navigation argues Shoreham Inc. should be held responsible.

Shoreham, Inc. counters that any alleged injuries were caused by a third person and that it had no duty to the passengers. It asserts that it was not negligent, through lawyers Clark W. Yudysky and Thomas M. Robinson.

This article originally appeared on The Providence Journal: Block Island Ferry brawl: Where the lawsuit against Interstate Navigation stands