Cruise Ship Law

Members of Amber White's family came Monday to say goodbye, as they gave up hope the 15-year-old girl would recover from injuries suffered in a parasailing accident over the weekend off Pompano Beach.

"She's passed on," said James Day, Amber's stepfather, seated in the dimly lit seventh-floor waiting room of the pediatric intensive care unit at Broward General Medical Center. "She was declared clinically dead Sunday at about 6 p.m. She's still on life support, just to say goodbye."

The hospital later Monday removed Amber from life support and declared her dead, said administrative supervisor Tony Tutterow.

As Day spoke, another family member was on a cell phone giving directions to relatives trying to find the hospital from Interstate 95. Amber's mother, Shannon Kraus, was by her child's bed down the hall, he said. Amber's 16th birthday is Sunday.

"We're going ahead to donate her organs to other children they could save," Day said, with tears in his eyes.

Her sister Crystal White, 17, who was also injured Saturday, was released Monday from North Broward Medical Center.

As the girls, visiting from Summerfield near Ocala, parasailed off Pompano Beach on a blustery Saturday afternoon, strong gusts carried them toward shore, dragged them across the roof of a hotel building and into some palm trees. At some point during the ordeal, the tow rope broke.

About 40 minutes before the boat set out, the National Weather Service had issued a notice to boaters of off-shore thunderstorms and high winds heading toward a section of coast that included Pompano Beach.

The captain, Scott Kipp, 26, may face charges in the accident, according to an initial incident report released Monday by the Broward Sheriff's Office. The report blames "careless/reckless" operation, equipment failure and weather. An unspecified charge is listed as pending, while the investigation continues.

Reached by phone, Kipp said, "I don't really have any comment on that." He referred questions to his lawyer, Rod Coleman, who could not be reached despite three messages.

The report said the boat was owned by Island Waves Parasailing, which lists a post office box in Palm Beach Gardens. According to state records, Island Waves Parasailing is a registered trade name owned by Waterfront License Corp., also with a Palm Beach Gardens P.O. box.

The president of that company is Anthony P. Aiello, 41, of North Palm Beach, according to state corporation records. He was arrested July 12 and jailed for 11 days for failing to appear in court to face charges of retail theft and possession of drug paraphernalia, the Palm Beach County Sheriff's Office said.

The Coast Guard had reported the boat was operated by Pompano Beach Water Sports, of which Aiello is vice president, state records show.

Aiello could not be reached for comment Monday, despite attempts by phone and a visit to his home in North Palm Beach.

The parasailing businesses that dot Florida's tourist beaches operate with few regulations. Last year then-state Sen. Jim Sebesta, R-St. Petersburg, introduced a bill that would have required parasailing companies to obtain licenses, suspend operations when weather turns bad, obtain insurance, meet vessel safety standards, carry a marine radio, stay at least 2,000 feet from shore and meet several other safety standards. The bill died in committee.

Sebesta introduced it after two parasailing accidents on Florida's west coast. In 2001, a mother and daughter from Kentucky were killed after their line snapped in stormy weather, dropping them into the waters off Fort Myers. In 2004, two 15-year-old girls were carried into a power line off Bradenton Beach after their line broke free. They were rescued.

In his interview with detectives, Kipp said the winds suddenly increased from 15 mph to 40 mph, the Sheriff's Office report said. The hydraulic winch on the boat, used to wound and reel in the tow rope, was not strong enough to bring the parachute down.

The wind pulled the boat toward shore, according to the report, and the two girls were up in the air for about two minutes. The parachute then spun "out of control" and the tow line broke, the report states. It carried the girls atop the two-story Beachcomber Resort and Villas building and through several trees in the courtyard.

Crystal White came to Broward General on Monday, where she learned about her sister Amber's condition.

"She didn't take it very well," her stepfather said. "They're all they've got."

By David Fleshler, Macollvie Jean-François and Joel Marino
South Florida Sun-Sentinel

Posted by Lipcon Law Firm at 3:00 PM | Permalink

Investigators are piecing together a parasailing accident that left one teenager dead and seriously injured her older sister.

A parasailing accident has killed one teen and left her older sister seriously injured, and now authorities are trying to figure out what happened and if the boat driver could have done anything to prevent the accident.

Careless boating, equipment failure and bad weather all might have contributed to the horrific crash Saturday in Pompano Beach that killed Amber White, one week shy of her 16th birthday, according to a preliminary incident report released Monday by the Broward Sheriff's Office.

Amber died Monday at Broward General Medical Center in Fort Lauderdale, the same day her sister Crystal, 17, was released from North Broward Medical Center.

BSO and the U.S. Coast Guard are trying to figure out what caused the rope to snap and if mechanical failure and driver error were involved. The results of that investigation will determine whether the driver, Scott Kipp of Island Waves Parasailing, is cited for careless operating.

An employee who answered the phone Monday at Pompano Beach Watersports said Kipp and the company's owners, Christopher Boone and Anthony Aiello, declined to comment.

Amber White, who had spent most of Monday in critical condition, was declared brain-dead the day before.

Crystal White was released from the hospital at noon Monday in time to join the family at Broward General, where she was reunited with her sister for the first time since the accident.

''Those girls were a team,'' said their aunt, Dina White. ``They were a duo. And now Crystal is flying solo.''

Monday was supposed to be the girls' first day of school at Lake Weir High School in Ocala, where Crystal was supposed to start her senior year Monday.

Amber and Crystal White asked to go parasailing Saturday while visiting South Florida with their neighbors from Summerfield, near Ocala.

The boat from Island Waves Parasailing, also known as Pompano Beach Watersports, was heading north near Pompano Beach when the winds suddenly increased from 15 mph to 40 mph, BSO said.

According to the report, winds were blowing between 15 and 25 mph with waves as high as two feet.

The driver then tried to pull the girls back down, but the boat's hydraulic winch wasn't strong enough and the parachute began to pull the boat toward the shore until the towline broke.

The force sent them flying past nearby trees like a slingshot before they crashed into a second-story balcony of a nearby hotel. The impact left Amber with neck and head wounds as well as internal injuries. Crystal also hit her head, according to the incident report, and suffered cuts and bruises.

The girls were taken to separate hospitals, and friends and family members spent the weekend driving the roughly 15 miles between Broward General Medical Center in Fort Lauderdale and North Broward Medical Center in Deerfield Beach.

The girls' parents have been ''devastated'' since the accident and don't understand how it could have happened, said Dina White, who has spent the past several days flying between Fort Lauderdale and her home near Washington, D.C. Family members plan to donate Amber's organs.

Kipp, 26, had more than 100 hours of experience, according to BSO. He has a commercial boating license and was certified by the Professional Association of Parasail Operators, said Petty Officer James Judge, a U.S. Coast Guard spokesman.

Wes Brent, owner of Atlantic Bridge Jet Ski in Pompano Beach, had employees renting water skis on the beach Saturday and said Saturday's winds came ``all of a sudden out of nowhere.''

He said that Kipp has been upset since Saturday.

''He's a good kid. He's been in tears,'' Brent said. ``He's just really hurt about it.''

But Rich Welter, who has owned Sunset Watersports in Key West for the past 25 years, said the typical parasailing rope can hold roughly 8,000 pounds and shouldn't break if it's in good condition.

''That rope is strong enough that you can lift that boat up,'' he said.

Amber leaves behind her parents, grandparents, great-grandparents, an older sister and three brothers.

Dina White said they are comforted that Amber knew they all cared.

''I knew she knew how much she was loved,'' said Dina White, choking back tears. ``All I want to do is hold her and tell her that one more time, but she knew it. I never have to wonder because I knew she knew it.''

By Breanne Gilpatrick
The Miami Herald
Miami Herald staff writer Robbyn Mitchell contributed to this report.

Posted by Lipcon Law Firm at 3:12 PM | Permalink

The parents of a 15-year old girl who died in a parasailing accident off Pompano Beach and South Florida Senator are vowing to work toward laws and regulations to ensure that this type of accident doesn’t happen again.

Amber White was mortally injured, her 17-year old sister Crystal serious injured when the towline attached to their parasail snapped sending the girl crashing into the 2nd floor balcony of a beachside hotel.

In a statement Wednesday by Dennis White, the girl’s father, along with his sister Dina and their extended family said they appreciated all the prayers and kind words.

“We have been dealt a terrible blow, and the world has lost a precious soul. Crystal is doing remarkably well considering the circumstances and has demonstrated a strength unmatched by anyone around her…..We are working night and day to ensure a tragedy of this kind never happens again. We are focused on Crystal's recovery and the preservation of Amber's memory. Through her death, Amber will set into motion laws and regulations that will potentially save the lives of others. She would have had it no other way.”

Amber will be buried Sunday in Summerfield, outside of Ocala.

Also Wednesday, Senator Gwen Margolis drafted a bill concerning new parasail regulations that she intends to file when the new session begins next month.

Under her bill, parasail operators would have to stay a minimum of 2-thousand feet offshore and they would not be allowed to operate when the wind reaches 20 knots. They would also have to carry liability insurance policy.

“It makes me sick to see people dying for no reason, especially our kids,” Senator Margolis told CBS4.Com, “This bill will save lives.”

Currently, there are no state or federal regulations that apply specifically to parasailing, but the boat operators are covered by the same rules that apply to all commercial vessels.

Broward Sheriff’s investigators have yet to rule what may have caused the accident. Equipment failure, bad weather and possibly careless boating, or any combination of these factors, are all being considered.

CBS 4

Posted by Lipcon Law Firm at 3:07 PM | Permalink

Malacca Straits - Kidnapping
23 August 2007
Armed pirates boarded a tug and barge underway. All communication equipment was damaged. The pirates stole the ships documents and crew personal belongings. Before leaving they kidnapped the captain and chief engineer. The pirates have demanded a ransom for their release.
All ship masters are requested be remain extra vigilant while passing through these straits.

ALERT
Chittagong anchorage, Bangladesh
Fifty two incidents have been reported since 28.01.2006. Pirates are targeting ships preparing to anchor. Ships are advised to take extra precautions.

Suspicious crafts

16.07.2007: 2000 UTC: Off Somalia
Inspite of rough weather, one suspicious boat tried to approach a ship underway. The boat stopped altered course and moved away when she noticed alert crew on board

Recently reported incidents

15.08.2007: 0130 UTC: Posn 05:51S – 013:24E, Democratic Republic of Congo.
Eight robbers armed with knives boarded a refrigerated cargo ship at anchor. They stole cargo and ship’s stores and escaped. No injuries to crew. Attempt to contact local agents via VHF were futile.

21.07.2007: 0115 LT: Posn 10:12.6N - 107:07.1E, Ho Chi Min City Outer anchorage, Vietnam.
Five robbers armed with knives in a small boat boarded a container ship at anchor. Duty crew raised alarm and crew mustered. Robbers stole ship’s stores and escaped.

18.08.2007: 0135 LT: Tuticorin anchorage, India.
Robbers boarded a container ship at anchor. They stole ship’s stores and escaped in a boat. Duty AB raised alarm and crew mustered. Coast guard informed.

13.08.2007: 0355 LT: Posn 03:55.5N - 098:46.5E, Belawan Outer roads, Indonesia.
Four robbers armed with wooden sticks boarded a chemical tanker at anchor. They broke into the forward locker and tried to steal ship’s stores. Duty crew raised the alarm and sounded ship’s whistle. Crew mustered and activated fire hoses. Robbers jumped overboard and escaped, in a waiting boat, with a life raft.

13.08.2007: 1915 LT: Posn 04:14.3N – 099:04.7E, Malacca Straits.
Ten pirates armed with fire arms boarded a tug towing a barge laden with steel billets. The pirates damaged all communication equipments and stole crew personal belongings and ship’s documents. The master and chief engineer were kidnapped and taken ashore. The tug and barge have anchored at the destination port. The whereabouts of the master and chief engineer still unknown. Pirates have contacted owners to demand a ransom. Negotiations are underway.

13.08.2007: River Mooring No. 3, Chittagong, Bangladesh.
Robbers, in country boats approached, a chemical tanker at anchor. The boats were noticed to go under the hull near the stern. The robbers were cutting off and stealing the zinc anodes. The incident was reported to the coast guard who sent a patrol boat. On seeing the patrol boats, the robbers left their boats and escaped. The coast guard seized the boat and boarded the ship for investigations.

Posted by Lipcon Law Firm at 2:53 PM | Permalink

It was noon and the wind was picking up as Capt. Andy Lepel cruised the waters off Pompano Beach. He had a half-dozen customers on board wanting to parasail — and a tough call to make.

As thunderstorms approached, Lepel made his decision: to head to shore.

"I reeled them back in. I said, 'I'm sorry, you can come back tomorrow, and I'll give you a free ride,'" he said later. "I lost probably $1,000 that day, but I didn't lose any lives."

Lepel is one of a growing number of owners and operators in the parasailing business — which historically has been averse to outside regulation — who are now calling for the government to step in and impose basic safety rules. Last week's fatal accident on Pompano Beach only reinforced their demands.

Lepel, co-owner of Sand and Sea Parasailing, said he saw the tragedy unfold after taking his own customers back to the beach. A National Weather Service announcement warned of approaching thunderstorms. Soon after, as two sisters visiting from North Florida were parasailing from another boat, a gust hit.

The parasail rope snapped and the girls were thrown into the roof of a hotel and several trees, according to a Broward County Sheriff's Office report.

Amber White, 15, of Summerfield, was fatally injured. Her sister Crystal, 17, was hurt less seriously. The Sheriff's Office investigation into the incident, and the role of boat captain Scott Kipp of Island Waves Parasail, is pending. Kipp's lawyer, Roderick Coleman, has said his client received no weather advisory on his radio's emergency channel and that "the day was perfect for parasailing."

Lepel disagreed. "We were standing there saying, 'Why is he still out flying?' It shouldn't be optional not to fly in 40-mph winds," Lepel said. "Someone needs to come in here and enforce the laws they have and create some new ones."

Officials have not determined whether existing laws were violated. But on the whole, the industry is loosely regulated. The Coast Guard requires operators of commercial vessels to be licensed, but requires no training for anyone who wants to attach customers to a parachute and a tether and tow them through the water. If a boat carries less than six people, as most parasailors do, it is not subject to Coast Guard inspections.

"Anybody can buy a parachute, hook it up to a boat and call themselves a parasail operator," said Jeannete Lewis, a partner at The Haggard Law Firm in Coral Gables, who represented the mother of a young woman killed in 1999 while parasailing in the Bahamas. A jury awarded the mother $1.8 million.

Inexperienced operators are one of the biggest dangers, said Sean Sandell, a parasail operator for 10 years who learned his craft in the Caribbean and now works for Visit Palm Beach at the Riviera Beach Marina. "It's safe and easy when you know what you're doing and follow the rules."

Arrit McPherson, president of the Professional Association of Parasail Operators based in San Diego, said that for years his group favored self-regulation, setting its own standards and seeking voluntary compliance from members.

But Amber White's death, McPherson said, convinced him the association's campaign for self-regulation has been a "failure."

"We've proved we can't do it ourselves," he said. "If laws were passed that were sensible and could be enforced, accidents could be reduced."

Parasailing accidents are relatively rare, according to the Coast Guard. Between 1992 and 2001, the agency reported 64 injuries and three deaths nationwide. Twenty-four of the incidents occurred in Florida, more than any other state.

From 2002 to 2006, Florida had seven injuries and no deaths. Compare that to sky-diving, in which 21 people died nationwide in 2006 alone, according to the United States Parachute Association.

In 2006, a state lawmaker from St. Petersburg introduced a bill that would have required parasail companies to carry insurance, stay at least 2,000 feet from shore, and shut down when winds reached 20 knots per hour. The bill died in committee.

Energized by Amber White's death, state Sen. Gwen Margolis, D-Sunny Isles Beach, has said she plans to reintroduce similar provisions, which if followed, could have prevented last Saturday's accident. Because of the legislative calendar, however, the measure may not be heard until next spring.

Wayne Mascolo, owner of Aloha Enterprises, a company that offers parasailing in Fort Lauderdale, said he favors the establishment of legally enforceable safety standards. He follows the voluntary rules issued by PAPO, he said, but "a lot of people" don't.

Brian Marozzi, president of Visit Palm Beach, is more wary. He welcomes new safety legislation, he said, but worries about the government setting arbitrary requirements. What's more, he said, new rules will be meaningless unless they are enforced. "Are they going to send someone out with tape measures to see how far people are offshore?" he asked.

Sandell said any regulations should be made with input from people who know the business. "We're the ones who know the limits and what's going to keep people safe," he said.

On Friday, Sandell maneuvered a boat off Palm Beach County as a mother and son from Texas glided about 400 feet in the air, a large parasail behind them.

"If it's with a major company, I feel safe. They know what they're doing," said Debbie Vandecarr, after she and her son, Kohner, 8, finished their ride.

On Sunday, a memorial service for Amber White will be held in her hometown near Ocala. Since the accident, Lepel said, he had been in contact with the girl's family. Despite their grief, he said, they want to do what's needed so more families don't suffer the consequences of a serious parasailing accident.

"The sad part is over. Now it's time to get mad," Lepel said.

By Jamie Malernee and Rachael Joyner | South Florida Sun-Sentinel
Staff Writers Macollvie Jean-Francois and David Fleshler contributed to this report.

Posted by Lipcon Law Firm at 9:39 AM | Permalink

As a Florida couple makes funeral arrangements for a their teenage daughter who died in parasail accident off Pompano Beach over the weekend, investigators are trying to piece together just what happened and how it could have been prevented.

A week shy of her 16th birthday, Amber White and her 17-year old sister Crystal, were visiting with South Florida with friends when they decided to go parasailing.

The teens, from Summerfield which is near Ocala, booked a ride with Island Waves Parasailing, also known as Pompano Beach Watersports Saturday.

As the boat was heading north near Pompano Beach, the winds increased from 15 mph to 25 mph and seas became choppy. When the driver of the boat tried to pull the girls back in, the tow line to their parachute rig snapped against the force of the wind and sent the girls flying towards the buildings on shore. Both girls crashed into a second story hotel balcony. Amber suffered critical neck and head wounds along with internal injuries. Crystal suffered a head injury along with numerous cuts and bruises.

CBS4 reporter Art Barron spoke with the girls step father who confirmed that Amber was pronounced brain dead Sunday evening and doctors had kept her body on life support machines until Amber's organs could be donated.

Monday Crystal was released from the hospital in good condition.

Shannon Kraus, Amber and Crystal White mother, released this statement Tuesday;

"The family of Amber and Crystal White would like to extend their gratitude for everyone's support and well wishes during this difficult time.

Currently, Crystal White, Amber's sister, is recovering from her injuries and is trying to cope with the loss of her younger sister. Her older brother Logan Taylor is now with the family, after receiving a special leave from the U.S. Marine Corps where he is stationed at Camp Pendleton.

The family has decided to donate Amber's organs in the hope of saving more lives.

A fund has been created to help with the funeral expenses. Donations can be made to the Amber Crystal White Fund at any Bank of America."

Meanwhile, Broward Sheriff’s investigators have yet to rule what may have caused the accident. Equipment failure, bad weather and possibly careless boating, or any combination of these factors, are all being considered.

CBS4

Our maritime firm is experienced in handling small boating accidents or accidents involving small boats. This type of accident would come under Federal Maritime Law.

Posted by Lipcon Law Firm at 2:32 PM | Permalink

Three British tourists were seriously injured when ice from a glacier crashed down on to a sightseeing boat in the Arctic Ocean.Fifteen other people, 14 of them British, were also hurt in the accident near the Svalbard islands off the Norwegian coast.

The three British tourists and one crew member were flown to Tromso, on the Norwegian mainland, for emergency treatment while the other 14 were treated at an island hospital.

The hurt tourists, whose injuries were not said to be life-threatening, are believed to be aged between 40 and 70.

The luxury ship with 50 tourists on board was sailing close to the towering Horn glacier when large chunks of ice broke off and fell on to the deck.

“The Russian captain said they were tight into the Horn glacier when it calved [splintered],” a Norwegian police spokesman said. Blocks of ice landing in the water tossed the boat and its passengers around violently, the spokesman said. Sightseeing ships routinely sailed close to the glacier but “not as close as this”, he said.

The captain and crew, who sailed the boat to the islands after the incident, will be interviewed by the governor of the islands, who is also chief of police.

Posted by Lipcon Law Firm at 12:09 PM | Permalink

By Bob Massey

If you operate a boat in Charlotte County, odds are one in 2,440 you'll be involved in an accident.

In Sarasota County, although there are more people and boats, your chances are slightly better, one in 2,725.

Charlotte and Sarasota are ranked 22nd and 23rd respectively among Florida's 67 counties for the number of boating accidents reported in 2006. Go south just a little -- into Lee County waters -- and you'll enter an area ranked fifth in the state.

But the concern isn't with local statistics -- it's with the statewide ones.

In 2006, only California (with 757) outpaced Florida (671) in the number of boating accidents. Yet Florida led the nation in fatalities with 69 -- as compared to only 47 in Texas and 44 in California.

That's according to the Florida Fish and Wildlife Conservation's 2006 Boating Accident Statistical Report, released last month by the agency's Division of Law Enforcement, Boating and Waterways Section.

So the FWC is preaching a gospel of salvation to boaters -- salvation of lives and property, that is. The report allows the commission to review the most common factors involved in boating accidents, as well as precise locations where the greatest numbers of incidents occur.

According to the report itself, the agency uses the statistics to formulate proactive plans to get -- or at least keep -- the numbers down.

"There are occasions when data ends up being used to identify areas where there are specific areas of safety hazard," said Capt. Richard Moore, the FWC's state boating law administrator. "We'll see if there needs to be an extra regulatory measure put in place, such as a speed zone."

But, Moore said, the area he's proudest to be involved in is public awareness.

"I've been in this business nine years," he said, "and I'm committed to trying to change our boating culture. Our ultimate goal is saving people's lives, so we've got to find a way to change boaters' behavior a little bit. We've even started an ad campaign statewide."

That has to be a tough job when the number of registered boaters in Florida is at an all-time high, at more than 1 million -- an increase of 14,000 over 2005. That doesn't include the estimated 350,000 unregistered boats in the state.

Although Florida is the top state in the nation for the number of recreational vessels, it is second (behind California) for the most boating accidents.

The FWC began a pilot campaign in 2005 in Lee County, Moore said, to educate boaters about the top safety hazards.

"Over and over again, there were three topics of concern," he said. "We found out three were too many to focus on properly, so we narrowed it down to two."

The first factor

The two most common factors may seem like common sense, but apparently that's not so common.

"First and foremost, accidents occur because somebody's not paying close attention to what's going on around them," Moore said. "If you're attentive, chances of you running into something -- or something running into you -- are pretty slim."

One person who would agree with that assessment is Capt. Bruce LaMotte, owner of Lemon Bay Tours in Englewood, which runs sightseeing and nature cruises aboard a 49-passenger catamaran. He said he sometimes dreads going out on the water on weekends.

"One problem on the weekend is boaters who have had way too much to drink or are not paying attention," LaMotte said. "A lot of people get in their boat and don't have a clue about the rules of the road. Some people have the hammer down, going 40 mph -- and I can't see their faces because they're looking at their GPS to see how fast they're going."

Alcohol (and other abused substances), though not in the top two, is certainly an issue. It contributed to 15 percent of all fatal boating accidents.

Drinking while driving a boat is as dangerous -- or perhaps even more so -- than drinking while driving a car, said Captain Ralph Allen, owner of King Fisher Fleet, a cruise and fishing charter service operating out of Fishermen's Village in Punta Gorda.

"On a boat, there are no white lines like there are on the road, to at least keep them going straight," he said.

The second factor

The second factor in boating accidents is as logical as it is preventable.

After careful analysis to determine the primary type of fatal accident, Moore said, "it came back pretty quick that the majority are falls overboard."

Surprisingly, it's not the less aggressive waters of the Gulf where most incidents of this type occur. A whopping 73 percent of fatal falls overboard take place on calm, inland waters such as lakes, ponds, rivers and creeks.

The problem of people falling overboard is not the main concern, however.

"People are going to accidentally fall overboard from time to time," Moore said. "And there are a lot of things we could say, but it would get confusing.

"When you look at Coast Guard statistics, one of the things they said in their national report is 85 percent of the people who drowned in boating accidents could have been saved if they were wearing a life jacket."

Moore compares life jackets on boats to seat belts in cars. They won't eliminate fatalities -- but they sure will reduce them.

"The only thing the law requires is having enough life jackets on boat for the amount of passengers," Moore said. "A lot of these people (who became fatalities) had enough jackets on the boat -- but it wasn't doing them any good because they weren't wearing them."

Moore noted that life jackets do not have to be bulky, obtrusive or uncomfortable.

"They even have inflatable life jackets that look like a fanny pack," he said. "They're flat until you inflate them. It's comfortable to wear in Florida's heat, and it won't even ruin your tan lines."

But how do you persuade boaters to do the right thing?

State of concern

Like Moore, LaMotte feels that education should play a larger role in boater safety.

"I don't like a lot of government," he said, "but I believe people who take boats out should have some kind of (mandatory) education or class."

But there's something else he would like to see: more marine patrols.

"I don't see them out there during the busiest times," LaMotte said. "It would be nice to have them enforce no-wake zones a little bit more. Maybe if they (the offenders) got a ticket, they wouldn't do it as much."

LaMotte is not alone in his desire to see more enforcement. In the commission's 2006 Florida Recreational Boating Survey, nearly half (47 percent) of boaters indicated they want to see more agency enforcement on public waters. A huge 81 percent want greater enforcement on careless or reckless boaters, while more than half (56 percent) want the FWC to crack down on boaters impaired by alcohol or other substances.

Allen said it doesn't seem as if 2007 will be any better in the state.

"It's sad that we have such a high accident rate and fatality rate," Allen said, adding that Florida has had a string of fatal accidents this year all around the state.

"It looks like this will be a record year, the way we're going."

Posted by Lipcon Law Firm at 12:07 PM | Permalink

By James J. Kilpatrick

In March 1997, the Carlisle family of Ann Arbor, Mich., embarked upon a Caribbean cruise. Their vacation ended abruptly in Cozumel after daughter Elizabeth, 14, fell seriously ill. Last month the resulting lawsuit reached the U.S. Supreme Court. We will know in October if the high court will take the case.

The facts are not in dispute. The Carnival cruise ship Ecstasy was only two days out of Miami when Elizabeth developed serious abdominal pain. She consulted the ship's physician, Dr. Mauro Neri. According to the record, he repeatedly advised the family that she was suffering only from flu. He saw no persuasive evidence of appendicitis. When the pain grew worse, the family flew home. There her ruptured appendix was removed, but not before the teenager had been rendered sterile.

Elizabeth sued the Carnival line in the lower state courts of Florida. She lost in the trial court on Carnival's motion for summary judgment, but won in a District Court of Appeal -- only to lose again last February in the state Supreme Court. In her petition to the U.S. Supreme Court she challenges a line of cases that appear to immunize cruise lines from responsibility for the malpractice of their doctors.

Was this doctor an independent agent or an employee? Before sailing from Miami, Carnival had entered into a contract with Dr. Neri, a resident of London. At a salary of $1,057 a week he was to serve as ship's doctor. He would be introduced as such at a welcoming embarkation party. He would wear an officer's uniform with four gold stripes. His name and photograph would be used in Carnival's promotional materials. By every outward appearance, he was an officer on an ocean-going ship.

On the other hand, maybe he wasn't. The cruise ticket issued to the Carlisles carried a few lines of fine print: The doctor was aboard solely for the convenience of passengers. "He is not and shall not be considered in any respect whatsoever as the employee, servant or agent of the carrier and the carrier shall not be liable ..." et cetera, et cetera.
Was this disclaimer sufficient to quash the girl's suit against Carnival?

The Supreme Court of Florida ruled reluctantly last February that it was indeed sufficient: Carnival was not responsible for the opinions of its salaried shipboard doctor. Citing cases, the court held that Dr. Neri was "an independent contractor." A long line of precedents supports the view that a shipowner "may not be held vicariously liable for the medical negligence of its shipboard doctor."

This opinion by Justice Peggy Quince was closer to quarter-hearted than half-hearted. Florida's highest court was clearly unconvinced by Carnival's defense: "We find merit in the plaintiffs' argument and the reasoning of the District Court." Nevertheless, "we must adhere to the federal principles of harmony and uniformity."

The effect was to reverse a sound opinion from Joseph Nesbitt, senior judge of Florida's 3rd District Court of Appeal. He agreed that a long line of precedents would militate against the young woman, but times have changed since the long line began: "The practical realities of the competitive cruise industry, and the reasonably anticipated risks of taking a small city of people to sea for days at a time, all but dictate a doctor's presence."

"Because it is foreseeable that some cruise passengers at sea will develop medical problems and the only realistic alternative for such an ill or injured passenger is treatment by the ship's doctor provided by the cruise line, there is an element of control over the doctor-patient relationship. ... We hold that the cruise line's duty to exercise reasonable care under the circumstances extends to the actions of a ship's doctor placed on board by the cruise line."

After all, said Judge Nesbitt, the ship's doctor is an agent of the cruise line. His negligence, if proved, is also the line's negligence:

"A cruise ship is a city afloat with hundreds of temporary citizens, some of whom are passengers and some of whom are the employees and agents of the cruise line who comprise the ship's crew, each of whom, within their particular sphere, owes a duty of reasonable care to the passengers."

Judge Nesbitt's reasoning in the lower Florida court strikes me as too solid to be set aside by outdated precedent. Today's mammoth cruise liners are floating hotels. Ship doctors are indispensable staff. Maritime law ought to treat them as such.

Read the Carlise opinion. This is one of our maritime firm's landmark cases.

Posted by Lipcon Law Firm at 12:01 PM | Permalink

IN THE MATTER OF THE COMPLAINT OF MORAN TOWING CORPORATION, AS OWNER OF THE TUG JOHN TURECAMO, FOR EXONERATION OR LIMITATION OF LIABILITY; JOMAR SHIPPING & TRADING, INC. & KRISTEN NAVIGATION, INC., Appellants.
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
2007 U.S. App. LEXIS 18686
August 7, 2007, Filed

PROCEDURAL POSTURE: Appellee tugboat owner sued appellants, a shipowner and the ship's manager, in the United States District Court for the Eastern District of Pennsylvania under the former Limitation of Shipowners Liability Act, 46 U.S.C.S. § 183 et seq. (repealed 2006). The district court exonerated the tugboat owner from liability in connection with a collision. Appellants sought review.

OVERVIEW: Appellants claimed that the tugboat owner was liable for damages arising from a collision between a ship and a tugboat. The collision occurred while a docking pilot was attempting to slow the ship to execute docking maneuvers; the tugboat took emergency corrective action and collided with the ship's propellers. The court of appeals found that the record supported the district court's finding that the docking pilot was an independent contractor who was subject to the control of the ship's master and not the tugboat owner at the time of the collision. Also, the district court's finding that the piloting of the tugboat was not negligent was not clearly erroneous; sheer on the part of the ship indicated that the operation of the ship and not the tugboat was negligent. An expert testified that the docking pilot improperly pre-positioned the tugboat and should have ordered the tug to clear away once he realized that the ship was traveling too fast.

OUTCOME: The district court's judgment was affirmed.

Posted by Lipcon Law Firm at 1:07 PM | Permalink

JASON SMITH, Plaintiff, VERSUS SEACOR MARINE LLC; SEACOR OFFSHORE LLC, Defendants-Third Party Plaintiffs-Appellants, VERSUS AMEC-GREYSTAR LLC, Third Party Defendant-Appellee,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
2007 U.S. App. LEXIS 18332
August 1, 2007, Filed

PROCEDURAL POSTURE: Appellant offshore marine support company sought judicial review of the United States District Court for the Eastern District of Louisiana's dismissal of its third party complaint seeking contractual indemnity for sums it may owe to a worker injured in an oilfield accident which occurred on the Outer Continental Shelf off the coast of Louisiana. The worker had received benefits under Longshore and Harbor Worker's Compensation Act.

OVERVIEW: Alleging vessel negligence under 33 U.S.C.S. § 905(b), the worker filed the present admiralty action against the marine company, he did not sue the oil company or his employer. The marine company agreed that the worker's employer's contract with the oil company to furnish labor services to work aboard the oil company's platform on the Outer Continental Shelf was a non-maritime contract governed by Louisiana law. Nevertheless, it argued that it was entitled to enforce the indemnity provision in the oil company/employer contract because the employee's suit against it under § 905(b) triggered the application of 33 U.S.C.S. § 905(c) and Louisiana law did not apply. The worker's action against the marine company under 33 U.S.C.S. § 905(b) did not trigger the application of 33 U.S.C.S. § 905(c) since the indemnity agreement at issue was not between the employer and the marine company, it was between the employer and the oil company. Since Louisiana law, including the Louisiana Oilfield Indemnity Act, applied to the oil company/employer contract, the district court correctly dismissed the marine company's third party demand.

OUTCOME: The judgment of the district court was affirmed.

Posted by Lipcon Law Firm at 1:07 PM | Permalink

IN THE MATTER OF THE COMPLAINT OF: ILLINOIS MARINE TOWING, INCORPORATED A CORPORATION, FOR EXONERATION FROM, OR LIMITATION OF LIABILITY
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT
2007 U.S. App. LEXIS 19746
August 20, 2007, Decided

PROCEDURAL POSTURE: Appellant, a marine towing company, sought review of a decision from the United States District Court for the Central District of Illinois, which granted a motion to modify a stay and allowed appellees, injured parties who had filed claims against the towing company (claimants), to pursue their actions in state court.

OVERVIEW: This case involved personal injuries and a death that resulted from a drunken boating collision. The towing company owned a barge that was involved in the collision. After the injured parties filed lawsuits in state court, the towing company filed a petition in federal court to limit liability pursuant to the Limitation of Shipowners' Liability Act, 46 U.S.C.S. § 30505, resulting in a stay of the state court proceedings. The claimants filed a motion to modify the stay, attaching stipulations which conceded the district court's exclusive jurisdiction over all limitation of liability issues and waived any claim of res judicata. The district court found that these stipulations adequately protected the towing company's interests and therefore granted the claimants' motion, thereby permitting the state claims to proceed. On review, the court concluded that the claimants' stipulations adequately protected the towing company's right to seek limitation of liability and have all limitation issues decided in federal court. As such, the district court did not abuse its discretion in lifting the stay of the claimants' state court actions.

OUTCOME: The court affirmed the district court's order granting the claimants' motion to modify the stay.

Posted by Lipcon Law Firm at 1:06 PM | Permalink

James Mulhern, et al., plaintiffs, v Manhasset Bay Yacht Club, defendant third-party plaintiff-respondent; Costello Marine Contracting Corp., third-party defendant-appellant. (Index No. 6236/98)
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
2007 NY Slip Op 6420; 2007 N.Y. App. Div. LEXIS 9057
August 14, 2007, Decided

PROCEDURAL POSTURE: In an action by plaintiff employee, inter alia, to recover damages for personal injuries under New York Labor Law, third-party defendant employer sought review of a judgment entered by the Supreme Court, Queens County (New York), which was in favor of third-party plaintiff yacht club on its implied indemnification claim based on a theory that the employer had breached the warranty of workmanlike performance implied in maritime service contracts.

OVERVIEW: The employee was injured when he was struck by a load of timber being hoisted by a barge-mounted crane while he was clearing debris from a beach. The employer, at the time of the accident, had been hired by the yacht club to perform work on a waterfront renovation project, including construction of new piers. Besides the Labor Law claim against the yacht club, the employee brought an action against the employer based, among other things, upon a violation of the Jones Act, the actions were joined for trial. The trial court found as a matter of law that a maritime services contract existed with an implied warranty of workmanlike performance. On appeal, the court reversed, finding that the contract between the employer and the yacht club was improperly classified as one for maritime services. No showing was made that the waterfront improvement contract bore any relation to maritime commerce or to a ship, navigation on navigable waters, or transportation by sea. Therefore, the contract did not contain an implied warranty of workmanlike performance that could serve as the basis for implied contractual indemnification under maritime law.

OUTCOME: The court reversed the trial court's judgment, vacated the prior order on which the judgment was based, and dismissed the third-party complaint.

Posted by Lipcon Law Firm at 1:05 PM | Permalink

MICHAEL MILLER, Plaintiff, vs. SMITH MARITIME, LTD.; TOW BOAT SERVICES & MANAGEMENT, INC.; and HAWAIIAN INTERISLAND TOWING, INC., Defendants.
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII
2007 U.S. Dist. LEXIS 57549
August 6, 2007, Filed

PROCEDURAL POSTURE: A magistrate judge recommended that the court grant, in part, plaintiff seaman's pretrial motion to compel defendant towing companies to adjust the payment of maintenance to the seaman.

OVERVIEW: The towing companies had a duty to provide the seaman, who was injured aboard a vessel, payment of maintenance and cure, but did not begin payments until 11 months after the accident and, thus, caused him to incur debt. The court held that the magistrate correctly applied the summary judgment standard with the additional flexibility that exercising admiralty jurisdiction allowed and treated the seaman's motion to compel an adjustment in payment of maintenance as a motion for partial summary judgment within the context of admiralty law. The court affirmed the recommendation to grant the motion in part. The court held that the magistrate correctly applied the flexibility afforded by exercising admiralty jurisdiction, recommended that the seaman's maintenance cost for food and housing in California be adjusted from $ 21 to the reasonable rate of $ 31 based on actual receipts, and found that the seaman's housing, for which he did not pay rent, fell within the definition of shelter. The court adopted the recommendation to deny the motion in part because a significant disparity existed between the expert evidence as to the Honolulu, Hawaii, daily maintenance and required a trial.

OUTCOME: The court adopted the finding and recommendation to grant the motion in part as to the California maintenance and deny it as to the Hawaii maintenance.

Posted by Lipcon Law Firm at 1:04 PM | Permalink

ATLANTIC SOUNDING CO., INC., WEEKS MARINE, INC., Plaintiffs-Counter-Defendants-Appellants, versus EDGAR L. TOWNSEND, Defendant-Counter-Claimant-Appellee, THOMAS KIMBROUGH, Defendant.
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
2007 U.S. App. LEXIS 20078
August 23, 2007, Decided

PROCEDURAL POSTURE: In this interlocutory appeal, Plaintiffs-Appellants Atlantic Sounding Co., Inc., appeal the district court's denial of Plaintiffs' motion to strike Defendant-Appellee Edgar L. Townsend's request for punitive damages.

OVERVIEW: The district court consolidated two actions: one based on a seaman's alleged shoulder injury and the other based on the seaman's employer's suit for declaratory relief on the question of their obligations in this matter. The district court concluded that it was bound by the 11th Circuit's prior panel decision in Hines v. J.A. LaPorte, Inc., 820 F.2d 1187 (11th Cir. 1987), which permits a seaman to recover punitive damages when an employer arbitrarily and willfully refuses to pay maintenance and cure. Plaintiffs contend that Hines was abrogated by Miles v. Apex Marine Corp., 498 U.S. 19, 111 S. Ct. 317, 112 L. Ed. 2d 275 (1990), in which the Supreme Court concluded that recovery for non-pecuniary loss in the wrongful death of a seaman was not available under general maritime law. The 11th Circuit held that this argument could only be based on the reasoning of the Miles opinion, not on the Miles decision itself.

OUTCOME: The Court concluded that their prior decision in Hines remains binding law in this Circuit.

Posted by Lipcon Law Firm at 1:04 PM | Permalink

BY DONNA BALANCIA
FLORIDA TODAY

Orlando International Airport could be one of many airports across the nation to use a new covert system implemented by the Transportation Security Administration to deter terrorist activities.

A new security program called Screening Passengers by Observation Techniques or SPOT -- in which uniformed Transportation Security Administration officers are dispatched across the country to observe passenger behavior -- has been deployed at more than a dozen airports deemed "high-risk," TSA spokeswoman Sari Koshetz said.

She would not disclose whether Orlando International is on that list. Boston Logan was the pilot program for SPOT, started in June 2003.

"The program has already been rolled out to more than a dozen airports, but we're not going to comment on which airports they are, for security reasons," Koshetz said. "We believe in a multilayered approach to security so those who want to do us harm won't be able to game the system."

In many cases, the TSA officers trained in observation techniques will watch for passengers who may not exhibit typical traveler behaviors. The end of 2008 is the target date to complete the rollout, Koshetz said.

However, for some, the program may indicate an opportunity to detain people unnecessarily.

Attorney Tonya Meister of Lipcon, Margulies and Alsina said the new program raises concerns.

"I would be concerned that they not target people based on appearance, meaning profiling," Meister said. "I wouldn't want people to get targeted by race or socioeconomic factors."

Posted by Lipcon Law Firm at 11:37 AM | Permalink