Justice Department Urged to Appeal Judgment Against Navy in Anaheim Bay Crash

Stung by a $2.3-million judgment against the Navy for the victims and survivors of a speedboat crash in Anaheim Bay, the Department of Justice’s chief attorney in the case said he will push for an appeal.

If approved by top Justice Department officials, attorney Warren Schneider’s move would delay for a year--and perhaps longer--any payments by the federal government.

“They (government attorneys) haven’t offered us a nickel,” lamented Houston attorney Neil Hirschfeld, who represents several plaintiffs. “Now we have a $2.3-million judgment, and they still haven’t offered anything.”

The case involves a 1984 accident in which a speedboat driven by Virl Earles crashed into an unlighted mooring buoy in Anaheim Bay, leaving five dead and five seriously injured. Earles, who was intoxicated at the time, was convicted of manslaughter in the accident and sentenced to three years in prison. He is free pending an appeal.

In a separate civil lawsuit, U.S. District Judge James M. Ideman ruled that the Navy failed to make the bay safe for pleasure boaters and ordered the government to share damages with Earles. Lawyers for the plaintiffs said they expect to collect the entire sum from the government.

Schneider said an appeal is justified and should be pursued. Schneider declined to specify the legal points that would form the basis of an appeal.

Predictably, lawyers for the successful plaintiffs--survivors and next of kin of those who were killed--contended that the long delay associated with an appeal would work an unfair hardship on needy victims.

John L. Norman, the Santa Ana attorney who won the largest slice of the overall $2.3 million, bemoaned the impact of further delays.

His client is Stephen Brennan, the only hero of the night of the crash. Brennan helped the three injured to a buoy, then--despite his own severe concussion and a broken pelvis--swam 100 yards to a rock jetty to summon help.

Brennan suffered brain damage, severe memory impairment and “post-concussion syndrome,” Norman said.

“He is 28 and he is unemployed. He is unable to hold a job because of problems with his concentration,” Norman said.

With intensive rehabilitation, Brennan might be able to make a comeback, according to testimony in the trial.

Judge Ideman’s written opinion, released earlier this month, answered several key questions that remained. The judge found that the passengers were not involved in a “joint venture”--meaning Earles’ blame for the accident will not legally be attributed to them.

The opinion also makes clear that the government could be forced to pay the entire damages owed to passengers. The government then retains the option of seeking to force Earles to reimburse it for half the cost--an effectively meaningless point because Earles lacks the money.

Schneider said he found the opinion unclear on the key point of to what extent Earles can collect damages from the government.