Reviewed by Gary L. Wolfstone
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Titanic Fever ... The Tragedy of the Titanic
Life Magazine
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|  Charles Hirsberg has written a provocative article for the June 1997 Life Magazine Special "The Strange Allure of Disasters" which explains that we commercialize and mythologize the horror of what happens to us and sanitize the event by placing distance between us and the event. His theme is accurate and simple -- We cannot resist the allure of a catastrophic loss of human life. Lawyers, Disasters, and Money !Sooner or later, the focus in this type of magazine article tends to shift to a critical examination of lawyers. After the reader is bombarded with information about lawyers, lawsuits, and extravagant claims, the author leaves us wondering whether the "greedy lawyers" invented the incident in the first place for their own socially venal, selfish purposes. I commend Mr. Hirsberg for not indulging in this lawyer bashing tactic. The story of the Titanic and its aftermath in the courtroom, however, is vitally important because it illustrates how victims of negligence can be undercompensated. Titanic Tort Claims Go BeggingThe British inquiry under Lord Mersey found that Captain Smith (who went down with the Titanic) had not been negligent. The claimants who had awaited the outcome of the British inquiry now filed in the United States District Court in the Southern District of New York. The docket for the Titanic case was placed in volume 55 at page 279 and was captioned: "In re: The Petition of the Oceanic Steam Navigation Company" and was assigned to the Hon. Charles M. Hogh. On July 28, 1916 -- slightly more than two years after the Titanic sunk -- a decree was signed approving a final distribution of $663,000. among all Titanic claimants for all claims! More than 1,500 lives had been lost, and this damage award covered all property loss, cargo loss, loss of life and consequential damages. Legal scholars should be referred to The Titanic, 233 U.S. 718 (1914) for a discussion of the controlling prinicples of law. The limitation of liability and record of payment are carefully documented in an encyclopedic treatise, Titanic: Triumph and Tragedy, John P. Eaton & Charles A. Haas (Great Britain, 2nd edition 1996). Human Life in Dollar ValueDoes $442. accurately express the dollar value of each human life lost on the Titanic? This year's moviegoers will be offered an opportunity to watch the Titanic sink for the eighth time on celluloid in a film, Titanic, whose production cost of $200 million will exceed the cost of building the original vessel by more than 27 times. Truth is, there is no logic to a court award which averaged less than $442. per person. The only thing that stands between you and governmental abuse is a lawyer. The only thing that stands between you and corporate greed is a lawyer. What is a lawyer? He is a golden unicorn in a world of mangey carnivores! Return with me to April 14, 1912The tragedy of the Titanic will intrigue us for generations to come. Imagine the mingled feelings of excitement and pride at participating in history -- you were fortunate enough to book passage on her maiden voyage. Not only are you bound for the New World, but you are making the crossing on the largest, longest and most luxurious ship in the world. The vessel is filled with celebrities who give meaning to the term plutocrat! At 11:30 p.m., crewman Frederick Fleet was perched in a crows nest fifty feet above the fo'c's'le deck and strained to see what lay ahead of him in the clear air and cloudless sky. A dark mass appeared in front of him ... a great black mass ... and he gave the warning bell three sharp rings. "Iceberg! Right Ahead!"The remaining tale needs no pressed parchment or wax seals to give it a unique personality of its own. Your mood changes -- in slightly more than two hours you will remain aboard the broken hull and slip into a watery grave with more than 1,500 unfortunate souls. Will you manage to place your loved ones in a life boat? Will you say the right things in the brief parting moment? Will you step aside with courage and yield to the next woman or child? Will you use the remaining minutes wisely to cleanse your soul? Will you accept your fate or indulge in self pity? If you had one last chance to send a wireless, would you contact your lawyer? Would you want your family to receive a check for $442. in recognition of your life's material worth?
 LAW OFFICES OF GARY L. WOLFSTONE Gary L. Wolfstone Seattle Lawyer Gary Wolfstone 2407 - 14th Avenue South Seattle, WA. 98144 (800) 456-0044  |