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Settlement talk starts in duck boat suit

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PHILADELPHIA, May 8 (UPI) -- The civil trial over a deadly collision in Philadelphia between a tourist boat and a barge was suspended Tuesday, suggesting a settlement is being worked out.

WCAU-TV reported the parties were in conference before another judge. U.S. District Judge Thomas O'Neill Jr., who is hearing the case without a jury, halted testimony in the early afternoon on the second day of the trial.

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Two Hungarian visitors, Dora Schwendtner, 16, and Szabolcs Prem, 20, who were in Philadelphia with a church group, were killed when an amphibious duck boat was hit by a barge on the Delaware River in July 2010. At issue is whether Ride the Ducks or K-Sea Transportation Partners, which owns the tug boat involved in the crash, shares greater responsibility and whether the amount of damages should be limited to $1.8 million, the value of the boats involved, as set by maritime law.

Matt Devlin, the first mate of the tugboat, was sentenced to a year in prison for the crash. He was distracted by news of a medical emergency involving his son and was on his cell phone and laptop computer just before the collision.

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Ride the Ducks could be found liable for the crash as well. The captain of the duckboat brought it to a complete stop in the middle of the river because he saw what appeared to be smoke and feared a fire. The smoke was later determined to be steam.

On Monday, the judge saw video of Schwendtner throwing her life jacket to a member of the duckboat crew, The Philadelphia Inquirer reported..

"Sixteen-year-old Dora Schwendtner throws her life preserver to Kyle Burkhardt to save his life, and because of the defendants' failures, she lost hers," said Robert Mongeluzzi, a lawyer for the plaintiffs.

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