JACKSONVILLE, Fla. – The family of Lonnie Jordan, a crew member of the cargo ship El Faro that sank in the Bahamas during Hurricane Joaquin, filed a wrongful death lawsuit Wednesday against the company that owned the ship, along with the El Faro's captain, Michael Davidson.
Jordan's estate claims the company and captain should be held accountable for sending the 41-year-old ship into the path of strengthening tropical weather.
The lawsuit claims negligence and is asking for $100 million in damages. Willie Gary, with the firm of Gary, Williams, Parenti, Watson and Gary, is representing Jordan's family.
"You didn't have to do what you did. You could've waited. The ship was not seaworthy and you all should've known that. But you had to deliver that cargo to get the green," Gary said in announcing the suit Wednesday morning. "This case is about the oldest sin known to man: greed. TOTE Maritime are greedy people."
DOCUMENT: Estate of Lonne Jordan vs. TOTE Services Inc., Capt. Michael Davidson
Gary said the El Faro was not structurally sound enough to sail, especially in waves up to 50 feet spawned by the hurricane.
Jordan's mother and father, Joanna and Ricky Johnson, said they can't believe he's gone. In a statement, Jordan's mother wrote, "We just keep struggling with the question of why? Why were Lonnie and his co-workers sent into that storm? I never thought I would see the day when a company with such loyal employees would place more emphasis on making a dollar than protecting a life."
Gary said he is putting together a team of investigators to look into the safety of the ship and maritime polices and procedures. He said they needed to get this lawsuit filed immediately so he can start gaining access to discovery, court orders and documents in the case.
Gary said the lawsuit is not seeking monetary damages from Davidson's survivors, but lists all responsible parties who played a part in the disaster. He also said the goal is not to put TOTE out of business, just to make sure they do business right.
"Money won't bring them back, I know that, but we going to change things," Gary said. "What big business understands is when you hit them in their pockets."
TOTE did not immediately respond to a message seeking comment.
El Faro, with a crew of 33, disappeared two days after it left Jacksonville for San Juan, Puerto Rico. Jordan was one of 15 crew members who lived in the Jacksonville area.
The Coast Guard believes the ship sank not long after its captain radioed that the ship had lost propulsion northeast of Crooked Island, Bahamas, just as Hurricane Joaquin was growing into a Category 4 storm in the area.
The Coast Guard, Navy and ships hired by TOTE searched for five days, finding debris, a damaged lifeboat and one person deceased in a survival suit in the area before calling off the search.
In his 13 years as a seaman, 33-year-old Lonnie Jordan (pictured) was a cook and was happy to cook and do "whatever else was needed on the ship," his grandmother Faye Cummings told CNN.
Aside from the sea, she said, Jordan's loves include his family and his church. Among his favorite pastimes were taking his little sisters out shopping.
Gary said he's in the process of talking with other families with loved ones on El Faro. He said his ultimate goal is to see changes to the industry. He wants to send to big business is that safety needs to come first above everything else.
Gary said it could take up to a year for the lawsuit to go to trial.