Civil Lawsuit for Gross Negligence in Boating Tragedy

[mselenaous]

Civil Lawsuit for Gross Negligence in Boating Tragedy

Civil Lawsuit for Gross Negligence in Boating Tragedy

Friday, 11 July, 2014 16:40 Written by ZW&M
It is something that nobody likes to think about, but if you are involved in an unfortunate incident that injures you then you have the right to ‘be made whole’ both physically and financially. That legal process becomes even more important when you are on a guided adventure where the very people that you paid to be looking out for you were the ones who actually caused the injury. That is what happened to a Florida father and son when there day long diving and bonding trip suddenly turned into a serious, life threatening tragedy.
The incident started with a simple diving trip in the Florida Keys. In August 2011 Mr. Adkins and his 11 year old son, Calvin, decided to spend a day diving near the popular Conch Reef off the coast of the Florida Keys. They and some 15 other fellow divers paid Florida Keys Dive Center for the day long adventure.
The trip was to take place on a boat that turned out to be ‘chartered’ by the Florida Keys Dive Center and complicates the case even more. According to the lawsuit filing, the 46 foot chartered boat, Big Dipper, inserted the divers in three different positions over the reef. They also did this as the boat was drifting and under power with the props turning. The lawsuit further claims that the Adkins were directed to enter the water by the crew and it was presumed safe to do so. Further ironically complicating the situation was the positioning of the boats life rafts and other diving gear which obstructed the helmsman’s view of the transom where the Adkins were in the water at the time of the accident.
A short time later tragedy struck when the boat was put into reverse and inexplicably ran over the Adkins. Both Mr. Adkins and his son were badly injured after being hit by the Big Dippers props and had to be airlifted to a nearby hospital where they both underwent emergency surgery. The younger Adkins was the most seriously injured as he needed to have part of his skull removed and most likely has suffered permanent brain damage.

The incident, although not intentional, should have been prevented and has caused irreparable harm and undue hardship on the Atkins family and they have their legal rights of recourse that are guaranteed by law. This case points out the need to have an experienced and talented legal team working for you. The Adkins legal team secured the funding for their enormous medical expenses then took the time necessary to file a thorough and conclusive 55 page document outlining the claims of the lawsuit. The Adkins will never truly be ‘made whole’, but with their legal counsel’s help and a victory in the lawsuit they will be able to get a portion of their lives back.

Here is a link to the accident discussion:
http://www.scubaboard.com/forums/accidents-incidents/392317-father-son-run-over-dive-charter.html

 

[mselenaous]

$12 Million Settlement for Father, Son Hit by Boat Propeller | Daily Business Review

$12 Million Settlement for Father, Son Hit by Boat Propeller


Celia Ampel, Daily Business ReviewMay 22, 2015

This is the air hose that was sliced off a dive tank by a propeller of a boat from the incident leading to Adkins v. Big Dipper Charters, Inc.J. Albert DiazThe owners of a scuba-diving center in the Florida Keys agreed to pay $12 million to a father and son who were seriously injured when the company's boat backed over them in the water.
The Florida Keys Dive Center in Tavernier settled with its former customers May 13 after initially contending it should be protected by liability release forms the father signed. The settlement terms will not be final until they are reviewed by a guardian ad litem and approved by the court.
Delaware civil engineer Jared Adkins and his son, Calvin, were represented by Miami personal injury attorneys Jack Hickey and Chris Drury of the Hickey Law Firm.
Hickey said he initially thought the case would be all but impossible to win because of the signed release forms and a maritime law that can limit boat owners' liability to the value of their vessel.
"I get approached probably once a year by people, usually the families of people who have died in dive boats around Florida," he said. "We've turned down almost every one."
Calvin was 11 when he and his father went on a scuba-diving trip run by the center in August 2011.
Boat captain John Brady wasn't usually in charge of the Big Dipper, a 46-foot boat used to transport divers, according to the lawsuit. When Brady was at the helm, he couldn't see anyone on or around the diving platform because of the way the boat was designed.
He put the boat in reverse, and the propellers struck Calvin and his father, causing them both severe head injuries.
Calvin suffered a skull fracture, and his brain was exposed to the elements, according to the lawsuit. A few months later, he underwent a cranioplasty to repair his skull. His father also had a skull fracture and brain damage.
Brady was named in the lawsuit along with dive master John W. Burton and dive center owners Thomas and Pamela Timmerman. The negligence complaint was filed in April 2014 in U.S. District Court for the Southern District of Florida.
The suit alleged the Florida Keys Dive Center caused the Adkins family economic and non-economic damages, including pain, suffering and past and future loss of income
The settlement will provide $11 million to Calvin and $1 million to his father, according to court documents. The boat owners will also send the propellers from the accident to Jared Adkins.
The agreement was reached in mediation by Ronald F. Shapiro of Ron Shapiro Mediations of Sunrise.
The terms of the settlement will be finalized after a review by Stuart Z. Grossman, co-founder of Grossman Roth in Coral Gables. He was appointed May 19 as guardian ad litem to protect Calvin's interests. No hearing has been scheduled.
The case had been scheduled for trial in August.
The defense team was Donna E. Albert of Donna E. Albert & Associates in Boca Raton, John D. Kallen of Law Office of John D. Kallen of North Miami Beach and Armando P. Rubio of Cole, Scott & Kissane of Miami. The three attorneys had no comment by deadline.