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Families of Rockland Natives Lost in El Faro Sinking File Claims

ROCKLAND, Maine — Lawyers filed papers in U.S. District Court in Florida today on behalf of two local crew members of the cargo ship El Faro.

Dylan Meklin, 23, and Danielle Randolph, 34, both of Rockland, were killed in October when the El Faro sank during Hurricane Joaquin.

The filing of opposition, in federal court in Florida, comes in response to an earlier lawsuit filed by Tote Maritime, the El Faro's owner.

Shortly after the ship sank, the company filed what's called a limited action — basically a lawsuit seeking to limit its liability and responsibility for paying claims to the families of the 33 crew members killed in the disaster.

Ben Gideon is an attorney with the law firm Berman Simmons, which is representing the families of Meklin and Randolph.

"The amount Tote Maritime seeks to limit its damages through equates to approximately $408,000 per family," Gideon says.

But he says it's not appropriate for a judge to limit Tote's financial responsibility without first finding out whether the company had any blame for the sinking of the El Faro.

Gideon says lawyers will argue the question of culpability as part of the challenge to Tote's move to reduce its legal exposure.

"The centerpiece of that case will be to determine whether Tote Maritime had knowledge or awareness of the condition of the cargo vessel," he says. "It will seek to understand how much the ship owner was aware — in terms of the ship's navigation plans for that day — why it chose a path so close to a category 4 hurricane."

In their claim, lawyers for the families of Meklin and Randolph argue that Tote Maritime let the El Faro navigate into the path of the hurricane, even though the vessel was overloaded with cargo and not considered seaworthy.

"The company will not discuss individual legal actions, out of respect for the legal process," a Tote spokesman says in a statement. "Our focus remains on support and care for the families and their loved ones."