New York, NY —

An appeals court has ruled that the city cannot limit its liability in the 2003 Staten Island Ferry crash that killed 11 people. WNYC's Cindy Rodriguez has more.

The Andrew J. Barbeiri rammed into a pier after the ferry pilot, Richard Smith, passed out at the wheel.

The city lawyers argued the accident was solely Smith's fault. But the court ruled the city was negligent because it failed to enforce its own rule requiring two people to be in the pilothouse in case of an emergency.

So far 125 claims have been settled by the city for just over $35 million. Fifty-nine cases are still pending. The city was trying to limit its liability to $14 million.

The city's law department says while it disagrees with the decision it will work to resolve the remaining cases.

For WNYC, I'm Cindy Rodriguez.