Horizon Dive Adventures Complaint Filed in Federal Court

[BoltSnap]

It's one reason we rarely ever operated in the State of Florida. Fuel tax and sales tax and food service laws were others. If Florida gets its regulations on you, complying can be onerous and expensive.

Didn't you operate full time in FL with your previous live-aboard?

 

[Wookie]

Did you operate full time in FL with your previous live-aboard?

We docked in Florida, but operated in federal waters of the Gulf of Mexico and the Atlantic ocean.

 

[Wookie]

I have no idea how maritime lawyer's work (jones act, CG, & more). Maybe Wookie can explain if that's another court venue as well as another set of 'allowed' lawyers.

I do as much homework as I can, but I hire that done. My business lawyer as well as my maritime lawyer both appear before the US District Court in Key West.

 

[Cert1967]

Adding info also because venue is critical.................
Just because a lawyer is allowed to practice in the state's court does not suggest that s/he is also allowed to practice in a federal court,,even in the same county. You have to be admitted to the federal courts separately. So you may have to get different lawyer & firm $$$..

Looks like a high hurdle for admission, membership in the Florida Bar and and two hundred bucks.

All the attorneys get to come to the party. They had that figured out before they stepped up. No surprises or costs here.

United States District Court: Admission to Practice

Pursuant to Local Rule 1 of the Southern District of Florida Special Rules Governing the Admission and Practice of Attorneys, an attorney is qualified for admission to the bar of this District if the attorney is (1) currently a member in good standing of The Florida Bar; and pay the admission fee of $206.00. [As of February 27, 2012, the Judges of this Court have decided to eliminate the requirement that an attorney take our examination in order to be admitted as a member of this Court’s Bar –See Administrative Order 2012-14.​

Plaintiff's Attorneys - Florida 2017-CA-005915

Michael Andrew Haggard

Michael A. Haggard – Haggard Law Firm​

Douglas John McCarron

http://www.haggardlawfirm.com/douglas-j-mccarron/​

Pedro P, Echarte III

http://www.haggardlawfirm.com/pedro-p-echarte-iii/​

Horizon Adventures - 4:17-cv-10050-JLK

Donna Ellen Albert, #464376, Boca Raton, Florida

No website listed on her FL Bar profile

https://www.floridabar.org/directories/find-mbr/?barNum=&fName=donna&lName=albert​

Big Case, in which she participated (note the judge assigned to the case, "JLK".

The Big Dipper Case, No. 4:14-cv-10030-JLK, for defendants;

• Donna Ellen Albert; Donna E. Albert & Associates, P.A.; Boca Raton, FL, for John Brady, John W. Burton, Pamela Timmerman, Thomas Timmerman, Big Dipper Charters, Inc., Florida Keys Dive Center, Inc.
• Summary at
  • http://verdictsearch.com/verdict/divers-owneroperator-of-boat-failed-to-protect-us/

Defendant

Neil Bayer, Kennedys Americas LP

http://www.kennedyslaw.com/neilbayer/
http://www.kennedyslaw.com/news/kennedys-boosts-advisory-capability-with-miami-office-hire/​

​

 

[Cert1967]

Operating defensively against plaintiff's lawyers is a must. They are the worst kind of scum.

Pretty broad statement - suicide strap, only primary donate, standard mix, BPW, and on and on.

Bad things happen to good folks and when someone is liable they deserve compensation. If you hurt someone, due to your negligence, you need to make it right. In our society, for the most part, that means money.

Below are the trial court's find of facts. Not SucbaBoard conversation, but findings of facts in the US District Court, Key West.

The defendant(s) ran the boat over plaintiff(s). The Ds settled, looking for lots of millions. Do you think that the Ps would have received twelve million dollars in settlement of their claim without retianing counsel?

Ds settled for a certain sum. Surely they considered that their liability might have been far greater than the settlement amount, had they gone to trial.

Scuba Equivalant = thumbing the dive?

What result would you have that is equitable?

Any qualifiers that might go with your assertion?

Divers: Owner/operator of boat failed to protect us | Verdict Search

Facts:
On Aug. 9, 2011, at 9:10 a.m. plaintiffs Jared Adkins, 45, a civil engineer, and his son Calvin Adkins, 11, were passengers aboard the vessel Big Dipper one mile north of Conch Reef on the ocean side of Tavernier in the Florida Keys National Marine Sanctuary on a scuba diving trip. The vessel began to deposit the scuba divers into the water. The boat captain put the 46-foot vessel in reverse, and the boat's propellers struck Calvin and his father, causing them both severe head injuries. Jared Adkins and Audrey Adkins individually and as parents and natural guardians and on behalf of Calvin Adkins sued the owner and operator of the vessel, Big Dipper Charters, Inc., a Florida corporation, and Pamela Timmerman and Thomas Timmerman; Florida Keys Dive Center, Inc., a Florida corporation, which employed the crew of the Big Dipper, including Captain John Brady.​

Result:
Prior to trial, the case was settled with defendants Big Dipper Charters, Inc., and Florida Keys Dive Center, Inc. agreeing to pay Calvin Adkins $11 million and Jared Adkins $1 million. Hence, the total settlement was $12 million. The case was settled in mediation by Ronald F. Shapiro of Ron Shapiro Mediations of Sunrise. The settlement terms for the minor child, Calvin Adkins, will not be final until they are reviewed by the court appointed guardian ad litem and approved by the court.

Injury:
Calvin suffered a brain injury as a result of his brain exposed to the elements including intrusion of sea water. Jared Adkins also suffered a brain injury. Calvin suffers from right-sided hemiparesis. Hein has reduced strength and mobility of his dominant right arm and right leg. Calvin also suffers from aphasia, which causes him to have an inability to find words and speak well.​

 

[Doc Ben]

All the good stuff - the meaty pleadings - was left out. The pdf in the OP is just housekeeping.

"Housekeeping"?? I did it on purpose to inform others of the trial Order. If one wanted to get into the legal weeds they could look it all up. And you only cited the Federal case and not the State cases that are pending. Some may like all the details tossed up front...some don't. And not everyone knows what a pacer account is. The cases you have cited are not remotely similar in their facts and circumstances. There is lot of discovery yet to take place. The parties might even come to a private settlement and avoid a show. Besides citing the easily obtained websites for the attorneys, what do we know about the individual attorneys involved? Their track records? Their personalities? Some posters have called them sleazy, scumbags. Since I know nothing about them, I won't pass judgment. Whatever anyone comes up with, might be considered by the MODs to be off-topic.

 

[mdb]

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A ScubaBoard Staff Message...

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Vietnam saved me from Law School-Thank God.

I had been accepted at Duke University when the war intervened.

Since then I have had several experiences with the ambulance chasers, no need to recount the
incidents.

I know there are lots of good attorneys out there; also lots of real scumbags.

Here in A2 there is a battle going on between two local attorneys over a sexual harassment
lawsuit.

Both attorneys always have big adds on local television. "Did you stub your toe coming out of McDonalds?
We can sue for millions, call us now." Those sorts of ads that are sandwiched in between the big pharm ads.

 

[Wookie]

If you need one, better hire the one who will advocate best for you. My lawyers are the best. It's yours that is untrustworthy. Unless my side wins, then yours in untrustworthy and incompetent. Much like elected officials.

 

[luscioman]

The trial for this is set as Sept 2018 so there is some time for things to develop first.

 

[Wookie]

Federal or state?