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Massive Blind Spots, Lack of Signals Led to Psychologist's Duck Boat Death: Lawsuit

A Ride the Ducks amphibious vehicle's large blind spot and a lack of pedestrian crossing signals at a Philadelphia intersection led to the tragic death of a Texas woman run over by the tourist attraction this spring, a wrongful-death lawsuit claims.

Elizabeth Karnicki was pulled under the wheel of Duck Boat #46 — packed with passengers on a tour — at 11th and Arch Streets on May 8. The 68-year-old psychologist from Beaumont, Texas screamed seconds before her head and body were crushed by the front tires just a few feet from her husband, Dan.

The pair were crossing southbound on 11th Street when the light changed and the duck boat started to move west. According to the lawsuit filed Tuesday in Philadelphia's Court of Common Pleas, the duck boat driver could not see Karnicki or her husband because the driver's seat is 10 feet away from the large bow.

"These duck boats are deadly," said attorney Robert Mongeluzzi. "These are being driven through the most crowded streets in Philadelphia. It is very inappropriate for them to be operating."

A popular tourist attraction that opened in Philadelphia in 2003, Ride the Ducks takes passengers on an 80 minute tour around the city pointing out cultural sights before taking a 20 minute drive in the Delaware River.

Mongeluzzi showed 3D laser scans of the World War II-era duck boat to illustrate what he called a "massive blind spot" on the 11-foot tall, 35-foot long steel land and sea vehicle. Karnicki, being 5-feet tall, would never have been seen by the driver once he put his foot on the accelerator, the attorney claims.

Duck Boat Section Scan
SALTZ, MONGELUZZI, BARRETT, & BENDESKY
A 3D laser scan of a duck boat shows the purported blind spot the driver had in the moments before the incident.

The victim also had a blind spot, Mongeluzzi explained, because the duck boat blocked her view of the traffic light and prevented her from knowing how much time she had to cross. He said the city is at fault for failing to install a pedestrian countdown clock at the busy intersection that sits at the foot of the Pennsylvania Convention Center.

A spokesman for Ride the Ducks said safety is paramount and rebuked several claims including that the driver was at fault. 

"Witnesses interviewed by the police also stated that the decedent walked out against a red light, was distracted and the driver was not at fault," the statement read in part.

The city declined to comment citing the pending litigation.

A Deadly Anniversary

The lawsuit was announced on the fifth anniversary of Philadelphia's other deadly Ride the Ducks incident. On July 7, 2010, a duck boat, disabled in the Delaware River, was run down by a barge. Dozens of tourists were thrown into the water as the boat sank some 40 feet to the riverbed. Two Hungarian tourists could not escape and drowned.

The pilot of a tug boat pulling the barge was on his cellphone when the collision happened and later sentenced to two years in prison. Ride the Ducks and the tug operator settled with the victims for $17 million and the duck boats were dry docked for eight months.

The duck boat manufacturer, an arm of Ride the Ducks, is also cited in the lawsuit. Mongeluzzi said the company regularly built the vehicles on a 1940s-era chassis — from a time it was used during the D-Day invasion in France — to get around complying with modern safety standards.

Duck Boat 46 was refurbished in 2003, the suit said.

"Three deaths in less than five years have proven that the duck boats are dangerous on the water and dangerous on the land," the attorney said.

Disputing a Distraction

Witnesses of Karnicki's death told police and NBC10 the woman seemed distracted in the moments before she was run over.

A woman who declined to share her name on the day of the accident said Karnicki was looking down at her iPad while crossing the street. Another witness, Joseph Kist, said Karnicki had her back turned to the duck boat. "She didn't know what was coming by," he told NBC10 in May.

A Philadelphia Police spokeswoman also cited witnesses claiming the woman may have been distracted.

liz karnicki duck boat victim
Family Photo
Elizabeth Louise Karnicki

Mongeluzzi said three witness statements included police reports made no mention of Karnicki being distracted. He conceded, though, the issue will be a challenge in court.

The suit is seeking unspecified compensatory and punitive damages, and Mongeluzzi said Don Karnici, the victim's husband, wants Ride the Ducks shut down.

Answering a question about how closing the attraction could have a negative impact on tourism, the attorney balked.

"You don't promote Philadelphia tourism by drowning and crushing tourists to death," he said.

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