Wednesday, May 20, 2015

FAMILY GETS $12 MILLION IN BOAT ACCIDENT SETTLEMENT. THEY WERE STRUCK BY A DIVE BOAT’S PROPELLERS.




MAY 19, 2015

A civil lawsuit filed by the family of a father and son who suffered severe head injuries when they were struck by a dive boat’s propellers has been settled with the business for $12 million, according to court documents.

Calvin Adkins, then 11, and his father, Jared C. Adkins, then 39, both of Harrington, Delaware, were run over by the 46-foot Big Dipper, of the Florida Keys Dive Center in Tavernier. The two were struck by the boat’s propellers just after getting in the water near Conch Reef, nine miles south of Key Largo, in August 2011.

The family filed a federal civil lawsuit against the business in April 2014 and the matter had been scheduled for trial this summer; however, the matter was resolved on May 15, court documents state.

Those records show the charter boat business agreed to pay $11 million to Calvin Adkins and $1 million to Jared Adkins. The settlement must be approved by the court, in this instance Senior U.S. District Judge James Lawrence King.

The records also state: “As part of this settlement, Big Dipper will provide the boat propellers involved in this accident to Jared C. Adkins.”

King had not approved the agreement as of Tuesday, but it is rare for judges to reject civil settlements agreed upon prior to trial. The intention of such mediation is generally to avoid a trial.

Messages left with the law firms representing the Adkins family and the charter business did not return messages seeking comment.

Recent paperwork filed in the lawsuit shed light on the severity of the injuries both Adkins’ suffered.

The father and son underwent emergency craniotomies, in which part of the skull is removed to allow a swelling brain room to expand. The son underwent another operation at Miami Children’s Hospital in which a cranioplasty was performed — the repair of a damaged or deformed skull using bones from elsewhere on his body.

Both father and son suffered “permanent injuries, including brain damage and skull fractures,” court records state.

The jury trial had been set for Aug. 17, but that order will be removed as per King’s ruling on the settlement.


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New information about the severity of the injuries suffered by a father and son when an Upper Keys dive boat's propellers struck them about four years ago has come out from court documents related to a federal civil lawsuit filed after the incident. 

Calvin Adkins, then 11, and his father, Jared C. Adkins, then 39, both of Harrington, Del., were run over by the 46-foot Big Dipper, of the Florida Keys Dive Center in Tavernier. The two were struck by the ship's propellers just after getting in the water near Conch Reef, nine miles south of Key Largo in August 2011.

Initial news reports stated that both suffered severe injuries to their heads, but the specifics were not released by the hospitals because of federal privacy laws. 

Legal paperwork filed in the ongoing lawsuit, however, describes the seriousness of the injuries. Both the father and son underwent emergency craniotomies, in which part of the skull is removed to allow a swelling brain room to expand. The son underwent another operation at Miami Children's Hospital in which a cranioplasty was performed -- the repair of a damaged or deformed skull using bones from elsewhere on his body. 

Both father and son suffered "permanent injuries, including brain damage and skull fractures," court records state. 

Named in the lawsuit are Big Dipper Charters, Florida Keys Dive Center, Capt. John Brady, mate John Burton and Florida Keys Dive Center operators Thomas and Pamela Timmerman.

A jury trial is scheduled for Aug. 17 in Key West before Senior U.S. District Judge James Lawrence King, but an attorney for the Adkins family wants to move the trial to Miami, because that's where both father and son underwent multiple emergency surgeries and it would be more convenient due to all the witnesses, doctors and attorneys who live in Miami. 

That motion was filed last week, but King had not ruled on the matter as of yet. There was no motion filed by opposing lawyers.


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Divers hit by boat file lawsuit 

The father and son run over by an Upper Keys dive boat's propellers about three years ago have filed a federal civil lawsuit against the charter company, the boat captain, and mates, according to court records. 

Calvin Adkins, then 11, and his father, Jared C. Adkins, then 39, both of Harrington, Del., were run over by the 46-foot Big Dipper, of the Florida Keys Dive Center in Tavernier, just after getting in the water near Conch Reef, nine miles south of Key Largo in August 2011. 

Both suffered severe injuries and required emergency surgery after being airlifted to Miami hospitals following the incident. The son suffered a skull fracture and brain injury, which required part of his skull to be removed, according to law enforcement reports and the 55-page lawsuit filed this month. 

Calvin Adkins suffered permanent brain injury due to the incident, said his attorney, John Hickey of Miami. 

Named in the lawsuit are Big Dipper Charters, Florida Keys Dive Center, Capt. John Brady, mate John Burton and FKDC operators Thomas and Pamela Timmerman. 

"The owners and staff of Florida Keys Dive Center continue to pray for Calvin, Jared and the Adkins family," Pamela Timmerman wrote in an email. "Out of respect for the Adkins we will not use the press to comment about any legal action regarding a family tragedy." 

The Adkins were taking part in a "drift dive" with about 15 other people, which means divers move with the current instead of staying in one area, according to Florida Fish and Wildlife Conservation Commission reports of the incident. The divers also were "live boating," which means the boat was not anchored, but moving. 

Both Adkins were in the water off the stern of the Big Dipper when it ran them over, according to the lawsuit. 

The lawsuit states that the captain, John Brady, left the engines running while the crew put divers in the water at three different locations. 

The Adkins entered the water at the last location with their scuba gear under the direction of crew, the lawsuit states. 

"When (the Adkins) were in the transom of the vessel and after they jumped into the water, the master and his mate and divemaster did not communicate properly with each other and did not maintain a proper lookout," the lawsuit alleges. "Yet, the master put the engines in reverse and moved the vessel back over the two divers."

Hickey alleges the position of life rafts and layout of the Big Dipper made it so that "the person sitting at the helm could not see the transom of the vessel or anyone in the transom of the vessel."

He further alleges the charter company failed to provide a safe vessel due to those limitations, failed to keep a proper lookout of divers and failed to provide a properly trained captain and crew, which ultimately led to the incident, according to the lawsuit. 

Hickey also alleges the Florida Keys Dive Center "misrepresented" facts on its website, mainly that "the personnel were not all employed by and were not 'of' the Florida Keys Dive Center."

"We believe this is a situation were the crew are paid as independent contractors and I think there's a little bit of shell game," Hickey said of the allegations regarding the website. 

The lawsuit will be heard before U.S. District Senior Judge James Lawrence King. Hickey had not heard a response from the defendant's lawyer as of Thursday. A court date has yet to be scheduled.
Source: http://keysnews.com