staten island advance.

o.j. lawyer johnnie cochran to represent ferry victim.
24-year-old whose legs were severed during crash files notice of claim with city.
11.2003

Paul Esposito, whose legs were severed during the Oct. 15 ferry crash, yesterday made the first legal maneuver toward filing a $300 million lawsuit against the city, the city Department of Transportation and the individuals in charge of the ferryboat Andrew J. Barberi when it slammed into a concrete pier near the St. George Ferry Terminal.

The 24-year-old Meiers Corners resident filed a notice of claim, which gives the city 30 days to request a hearing, have a doctor examine Esposito or even try to settle the case.

It is the largest reported figure asked by a ferry crash victim thus far, bringing the total number levied against the city in the neighborhood of $1 billion.

'NEVER AGAIN'

"We want to send a message that this should never happen again," said Derek Sells, an associate of The Cochran Firm, which represents Esposito. "Part of this reflects punitive amounts (and) our desire to send a message to (Capt. Michael) Gansas, to (Asst. Capt. Richard) Smith, and to any other ferry captains who would consider acting in such a negligent way again."

Esposito was on the way home from work as a waiter in Manhattan when the ferry crashed. His parents, Michael and Audrey Jo, are also named as claimants.

"It might seem like a high amount of money, but how much would you pay for your body parts?" the elder Esposito said last night. "I'm sure he would much rather have his legs back than any amount of money . . . we all want to hold on to our own body parts, our own health, and he was robbed of that by negligence."

The claim was also filed with a petition for the preservation of all records, including 911 calls, radio transmissions and any other relevant documents, that might shed light on what led to the crash.

CLAIMS AGAINST DOT

The notice claims the DOT failed to train crew properly, says Gansas and Smith should never have been put in charge of the vessel, and calls the ferry workers who rushed past Esposito after the boat crashed cowards.

"Why (did) the shiphands run from the front to the back of the boat without saying a word?" Esposito, who begged passersby for help onboard the boat, asked yesterday. "They didn't get hurt and they were supposed to be on the front of the boat."

"I want to see the truth come out," he continued. "I want to see people punished for doing the wrong thing."

Esposito has amassed $20,000 in medical bills so far, and could incur as much as $1 million worth.

His sunny disposition in the face of his injuries has inspired many. Yesterday John D'Amato, co-chairman of the organization that is raising money for uninsured ferry victims, brought Esposito a thick envelope full of letters from contributors thanking him for his courage and spirit.

"He's been an inspiration to the whole country, it seems," said D'Amato. On Wednesday night, Chevy's Fresh Mex at the Staten Island Mall in New Springville will hold a fund-raiser in his honor; Esposito worked there in 1998.

Esposito has been steadily improving. He had his first day of physical therapy yesterday, rolling onto his stomach by himself for the first time since the crash.