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.
////////-------------------///
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