Lawyers For Owners Of Dive Boat Conception Seek Dismissal Of Suit Filed On Behalf Of Victim
LOS ANGELES (CBSLA) — Lawyers for the owners of a dive boat that burned off the coast of Santa Barbara, killing 34, last September filed court papers today arguing that claims brought by the daughter of one of the victims should be rejected for lack of proof.
Christina Quitasol, representing her late father's estate, alleged in documents filed in Los Angeles federal court in April that the fire was likely caused by a heavily used battery-charging station on the boat, and was foreseeable and preventable in part due to the owners' failure to have an overnight watch person on duty when the fire broke out Sept. 2.
The document was filed as a counterclaim to a complaint lodged preemptively by the Santa Barbara-based owners of the Conception to protect them from liability.
Michael Quitasol, 62, Fernisa Sison, 57, and Michael's children Angela, 28, Evan, 38, and Nicole, 31, were all on the dive boat celebrating his birthday. The counterclaim does not mention any family members other than the father and seeks unspecified damages.
RELATED: Truth Aquatics, Santa Barbara Boat Owner, Suspends Operations Following Fire That Killed 34
In response to the 34-year-old surviving daughter's claims, attorneys for Truth Aquatics, and Conception owners Glen and Dana Fritzler, contend that her allegations fail "to state facts sufficient to constitute a cause, or causes, of action."
The attorneys have asked that a federal judge permanently dismiss the counterclaim and enter a judgment in favor of the boat owners.
Previous filings by victims' families allege that the 75-foot, 41-year-old Conception was in blatant violation of numerous Coast Guard regulations, including failing to maintain an overnight "roving" safety watch and failure to provide a safe means for storing and charging lithium-ion batteries.
The early morning fire is the subject of a criminal investigation by the FBI, Coast Guard and the U.S. Attorney's Office, in addition to the National Transportation Safety Board and the Coast Guard Marine Board of Investigation.
Only five people, all crew members, were able to escape the inferno.
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