March 25, 2016
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
IN THE MATTER OF THE COMPLAINT OF : CASE NO. 12 CIV 8892 (TPG)
CONTI 11. CONTAINER SCHIFFARHRTS-GMBH :
& CO. KG MS “MSC FLAMINIA,” :
AS OWNER, AND NSB NIEDERELBE :
SCHIFFAHRTSGESELLSCHAFT MBH & CO. KG, :
AS OPERATOR, OF THE MSC FLAMINIA FOR :
EXONERATION FROM OR LIMITATION OF :
CLAIMANT IWONA SIUTA’S RESPONSE IN OPPOSITION TO PETITIONERS
MOTION FOR SUMMARY JUDGMENT [D.E. 832]
Carlos Felipe Llinás Negret
FL Bar No.: 73545
Appearing Pro Hac Vice
ALSINA & WINKLEMAN, P.A.
Attorneys for Claimant
One Biscayne Tower, Suite 1776
2 South Biscayne Boulevard
Miami, Florida 33131
COMES NOW, Claimant, Iwona Siuta, as Personal Representative of the Estate of Cezary
Siuta (“Claimant”), by and through undersigned counsel, files her Response in Opposition to
Petitioners Conti and NSB (“Petitioners”) Motion for Summary Judgment [D.E. 832]. In support
thereof, Claimant alleges as follows:
I. FACTUAL BACKGROUND.
This case arises out of a tragic incident aboard the MSC Flaminia. On or about July 14,
2012, a fire and explosion occurred in the vessel’s number 4 cargo hold. The fire, allegedly caused
by the negligence and unseaworthiness attributable to the petitioning owners and operators of the
vessel, ignited in the early hours of July 14, 2012. The MSC Flaminia’s Chief Mate (Claimant’s
spouse) Cezary Siuta, was forced to fight the fire in an attempt to save the vessel. About three
hours after the fire began, a massive explosion occurred inside the cargo hold killing Cezary Siuta
and other crewmembers. As a result of the fire and subsequent explosion, the MSC Flaminia was
completely destroyed and Cezary Siuta suffered severe burns and injuries which, following several
hours of conscious pain and suffering, resulted in his death.
II. PROCEDURAL BACKGROUND.
On December 7, 2012, Petitioners1 filed a Verified Complaint for Exoneration From or
Limitation of Liability, pursuant to 46 U.S.C. §§ 30501, et seq., (“The Limitation Act”). [D.E. 1].
In the Verified Complaint, Petitioners invoke the Limitation Act, to be either exonerated from
Liability for Claimant’s personal injury claims, or that such liability be limited to Petitioners’
interest in the MSC Flaminia after the July 14, 2012 incident. According to Petitioners, Petitioners’
interest in the MSC Flaminia is $0.00. [D.E. 1, ¶ 22].
Claimant, IWONA SIUTA, as Personal Representative of the Estate of Cezary Siuta, filed
Claims against Petitioners under the Jones Act, 46 U.S.C. § 30104, the Death on the High Seas
Act, 46 U.S.C.§ 30301 et seq., and the General Maritime Law of the United States. [D.E. 90, ¶ 4].
Claimant’s Claim against petitioners seeks substantial compensation for her spouse’s death, predeath
pain and suffering, and other related losses.
On March 23, 2016, Petitioners filed a Motion for Summary Judgment. In the Motion,
Petitioners argue that the claims of the Estate of Cezary Siuta should be dismissed because the
1 Throughout the course of this Response, Petitioners refer to Conti II Container Schiffahrts Gmbh
& Co. KG, as Owner and NSB Niederelbe Schiffahrtsgesellschaft MbH & Co. KG, as Operator of
the MSC Flaminia.