"Boating Accident"

Published on: October 9, 2023

Wrongful Death of Passenger in Boating Accident Results in Seven-figure Settlement

Leesfield Scolaro secured a seven-figure confidential settlement for the family of a young woman who was killed in a single-boat accident. The accident happened under the cover of darkness and was caused by operator error. Our investigation revealed that speed and alcohol were the contributing factors to an accident that should never have occurred. The operator traveled above the speed limit with a blood alcohol level above the 0.08% limit. Traveling at high-speed, impaired, with limited to no visibility, the operator crashed his boat into a concrete dock. The extremely violent impact caused our young and unsuspecting female passenger to be thrown overboard along with the rest of the passengers. She was airlifted to a hospital with critical injuries but ultimately did not survive.

Operator Error is Leading Cause of Boating Accidents

Last June, the Florida Fish and Wildlife Conservation Commission (FWC) issued its yearly Boating Accident Statistical Report, and there was an unfortunate increase in statewide boating-related fatalities. In 2022, Florida saw a total of 735 boating accidents, marking a decrease of 16 incidents compared to 2021. However, the sobering aspect of the report was the 65 lives lost in these accidents, which represented an increase of five fatalities compared to the previous year. Notably, since 2003, falls overboard have consistently been the leading type of fatal accident, with drowning as the leading cause of death.

Published on: May 26, 2022

Fatal Boating Incident in Florida Keys Results in $1.7 Million Settlement

By Leesfield Scolaro

On Memorial Day, our client’s young boy who was snorkeling at the time was run over by a family boat operated by a 6-grader while at full speed and on a full plane. The propeller fatally injured him. Despite having a diver’s down flag prominently displayed, the reckless teenager who never should have been trusted with operating the boat alone fled the scene, went home, covered up evidence of his crime and lied to the police. Our investigation found five witnesses who saw him flee at full speed.

A lawsuit was filed against multiple defendants including the parents under counts of negligent entrustment and negligent supervision. Courts look at the following elements of negligent entrustment when the allegation is made against the parents of a young child: whether the parent entrusts an instrumentality to a child who because of his lack of (1) age, (2) judgment or (3) experience, may become a source of danger to others. In this case, our firm was able to satisfy every element by establishing that the recklessness behavior of the 13 year-old child/boat operator

Whether the parents knew or should have known with due care that injury to another was possible because of their child’s past reckless operation of the boat would constitute negligent supervision. We established through witness testimony, including from one neighbor who had previously seen the teen operating his boat in a reckless manner while the neighbor’s family was snorkeling at the docks off his house.

Published on: October 13, 2016

Spearfisherman seriously injured in Key West

By Leesfield Scolaro

Diver down flag – Courtesy of diveasia.com

Recently, Leesfield Scolaro represented the family of a young child who was fatally injured while snorkeling by the propellers of a boat off of Cow Key Channel, in Key West, Florida. Last weekend, a very similar incident took place, this time near Edward B. Knight Pier, formerly named White Street Pier. While boating accidents involving swimmers / divers are statistically down, it remains one of the top 3 concerns in Florida according to the latest boating accident statistics released by the Florida Fish and Wildlife Conservation Commission (“FWC”).

In this latest tragedy, 29 year old David Corlew was spearfishing approximately 200 yards off the pier with fellow spearfisherman. At around 8:30 a.m., a a twin-engine 32-foot commercial charter Sea Vee vessel operated by Robert Householder struck David Corlew, who was displaying a diver-down flag as required by Florida Law, which caused him to sustain traumatic leg injuries.

Published on: January 23, 2013

Key West diver critically injured by yacht propellers

By Leesfield Scolaro

On Monday morning, Judy Montague was diving off Key West Bight, a historic seaport in Key West, was hit by the propellers of a 72-foot yacht.

Judy Montague was transported by helicopter to Ryder Trauma Center in Miami where she underwent surgery to her leg. Her status, while unknown, has been reported as remaining critical.

The cause of the incident is still unclear today. Capt. Pedro Arpon, who was operated the yacht, The Palagon, at the time, is still being heard by the investigators and charges have not been levied yet. The first element of answer came from Officer Bobby Dube of the Florida Fish and Wildlife Conservation Commission (FWC) who is investigating the incident.