BATH, Maine — Attorneys for Maine Maritime Museum have asked a federal court for immunity from potential lawsuits filed by passengers on a historic schooner that capsized last month.
The Mary E, owned by the Bath museum, sank in the Kennebec River the night of July 30 with 15 passengers and three crew members on board.
On Friday, Camden attorney William H. Welte filed a complaint requesting exoneration from or limitation of liability in U.S. District Court in Portland.
Welte wrote that the museum "used due diligence to make the subject vessel seaworthy and safe" and that it was "properly equipped and supplied, and in all respects seaworthy and fit for the services for which she was engaged."
According to the complaint, the Mary E "sustained a knock-down" that afternoon and was damaged. It was towed to Robinhood shipyard in Georgetown, where it remains.
Welte wrote that the museum has not been sued but has reason to believe lawsuits will be filed claiming personal injury, pain and suffering, and other damages -- and that such claims "do or will greatly exceed" what the museum claims is the $150,000 "post-casualty value" of the Mary E.
The museum denies causing or contributing to any such injury, and seeks immunity from potential lawsuits under maritime law.
One passenger, Peter Nordlander of Texas, told NEWS CENTER Maine the day after the incident that he threw life jackets to the other passengers.
"It tilted more and more," Norlander said at the time. "The wind increased. The boat tilted more and more very slowly. You first saw water coming in from the railings."
The board of Maine Maritime Museum approved the acquisition of the Mary E. in 2017 and the vessel was restored in the historic Percy & Small Shipyard from 2017 to 2018. It was relaunched in the Kennebec River in 2018. The schooner is on the National Register of Historic Places and is the only Kennebec-built schooner still afloat.
According to the museum's website, the Mary E was scheduled for a 2.5-hour river sail the afternoon of July 30 The ship was scheduled to pass by the site of the Thomas E. Hagan yard where Mary E was built in 1906, as well as Doubling Point Light and the Kennebec Range Lights, and Bath Iron Works.
Following the incident, local firefighters rescued all 18 people and took them to shore. Three people were taken to a hospital, U.S. Coast Guard officials said at the time.
Lt. JG Patrick Lachey of Coast Guard Sector Northern New England said Wednesday that the investigation into the incident continues.
This story will be updated.