Practice Area Category: Boating Accidents
On a beautiful day over Memorial Day weekend in 2009, five young friends were celebrating on a 15-foot Key West motorboat at the Jersey Shore. As they were boating around Manasquan Inlet admiring the sunset, they were hit head-on by a speeding 31-foot, 450 horsepower Boston Whaler. Three of the friends were ejected from the boat, two of which had minor injuries, and one who fractured his skull and subsequently drowned. Two sisters remained trapped on the boat in critical condition. A state trooper was unable to resuscitate the young man, and the two with minor injuries were treated and released.
The two sisters had to be airlifted to the Jersey Shore Medical Center for emergency treatment. The older sister was in a coma for three days and suffered from injuries such as a shattered pelvis, fractured acetabulum in the right hip, bilateral lung contusions, fractured rib, concussion, and multiple spleen lacerations. She had to undergo open reduction and internal fixation surgery for her pelvis as well as a splenectomy, leaving her with scarring that in turn ended her modelling career. She was also confined to a wheelchair for months after the accident and underwent treatment at Kessler Rehabilitation Center.
The young woman filed a lawsuit against the owner and operator of the Boston Whaler with the help of her attorney Samuel L. Davis. The Whaler was found responsible for the fatal accident after a three-week liability trial. Our NJ boating lawyers help her secure $5.6 million which will secure her financially for her inevitable hip replacement in the future, but sadly she still suffers emotionally from her post-traumatic stress disorder.
While enjoying Memorial Day Weekend on the Manasquan River, a 22-year-old woman was seriously injured when a Boston Whaler Powerboat collided with her Key West boat. Davis, Saperstein & Salomon, P.C., Partner Samuel L. Davis proved that the Boston Whaler had been negligent in its failure to operate under safety guidelines. Our NJ boating attorneys secured our client a $4,870,578.94 settlement.
The woman, her sister, and their three friends were boating on the Manasquan Inlet in Manasquan, New Jersey, when they were suddenly hit by the Boston Whaler. The owner of the 30-foot Boston Whaler was test-driving the boat at the time of the crash. One of the passengers aboard the Key West tragically drowned after the impact threw him into the water. Two of the other passengers were thrown into the water but luckily weren’t seriously injured.
The Key West passengers were rescued by New Jersey State Police and the Coast Guard. Our client and her sister suffered severe injuries and were taken by ambulance to Jersey Shore University Medical Center in Neptune, New Jersey.
Our client suffered a stomach rupture, fractured pelvis, an iliac crest fracture, bilateral pubic rami fracture, and scalp and knee lacerations. She suffered acute blood loss, a traumatic brain injury (TBI), and developed post-traumatic stress disorder (PTSD). To treat her injuries, our client underwent a splenectomy, an Incision & Drainage (I/D) procedure, and a repair and cleaning of her left knee and lower right leg. The splenectomy, which is the surgical removal of the spleen, left our client more susceptible to infection. It also meant that she would have high-risk pregnancies.
Davis, Saperstein & Salomon, P.C., hired medical experts to author narratives and provide oral and written testimony that proved the permanent nature of our client’s injuries. Their reports helped show our client was entitled to financial compensation for her loss in income, medical bills, and pain and suffering. The firm also retained an economics expert to assess the financial loss suffered by our client. The expert determined that the accident reduced her total earning potential by several hundred thousand dollars.
Davis, Saperstein & Salomon, P.C., also hired an engineering expert to assess liability in the collision. The expert determined that the defendant’s boat was highly maneuverable. The expert found that, if the defendant had been paying attention to his surroundings, he would have had plenty of time to either maneuver away from the Key West or stop his boat entirely.
Partner Sam Davis also retained a naval architect/marine engineer to serve as an expert witness and assess the lawfulness of the defendant’s actions. The expert determined that the defendant had violated six rules of the sea, as stated in the Mariner’s Guide to the Inland and International Rules. The defendant failed to 1. operate his boat at a safe speed, 2. determine risk of collision, 3. take action to avoid collision, 4. yield the right of way, 5. to keep out of other boats’ way, and 6. to sound “the danger signal”. The expert determined that the defendant’s violations had caused the accident. This specialist also confirmed that the Key West had been in accordance with all applicable rules in the Mariner’s Guide.
After the collision, the police measured the defendant’s blood alcohol content (BAC) to be below 0.01%. But, Samuel L. Davis hired an expert toxicologist, who found that his BAC may have been as high as 0.09% at the time of the accident. The toxicologist believed that, by the time his BAC was measured by police, it may have gone down to 0.01%. A BAC of 0.09% is higher than the legal driving limit of 0.08%. The toxicologist concluded that, because so much time had happened between the time of the accident and the time of the BAC measurement, it was impossible to definitively say whether the defendant was impaired.
With the help of the compiled expert reports, Davis, Saperstein & Salomon, P.C., Partner Samuel L. Davis was able to ensure our client was properly compensated for her injuries, pain, and suffering. He sued the boat operator in the Superior Court of New Jersey. The case went to trial, and Partner Sam Davis secured our client a $4,870,578.94 settlement. The defendant appealed the court’s award in the Appellate Division of the New Jersey Judiciary Superior Court, but the Judge dismissed the appeal.
Settlements are often limited by the total available insurance coverage. Insurance company adjusters and their lawyers often defend cases by claiming that a client was negligent and could have avoided being injured by arguing comparative negligence on the part of an injured client; or that their pain and suffering was caused by pre-existing medical conditions or prior injuries. Despite those defenses, the Davis, Saperstein & Salomon, P.C., lawyers won their client’s injury claim. Each client’s case is unique. Results may differ because of different facts, circumstances and available insurance coverage.
Call us now for a free and confidential case evaluation. We are also available 24/7 online at our website, www.dsslaw.com.
Medical Glossary:
Bilateral Pubic Rami Fracture: The pubic rami are a group of bones in the lower pelvis. A pubic rami fracture is a breaking of the pubic rami bones.
Iliac Crest Fracture: An iliac crest fracture is a fracture that occurs in the pelvic bone. If not treated, it can progress to bother other parts of the pelvic bone.
Incision and Drainage Procedure: An incision and drainage (I/D) procedure is a procedure that treats skin and soft tissue abscesses, which are pockets of pus under the skin.
Post-Traumatic Stress Disorder: A mental disorder triggered by a traumatic event, either from experiencing or witnessing it. PTSD can cause flashbacks, nightmares, and severe anxiety.
Splenectomy: A splenectomy is a surgical procedure that either partially or fully takes out the spleen. The spleen is an important organ and plays a big role in defending the body’s immune system, but if it ruptures, develops cancer, or has a blood disorder called idiopathic thrombocytopenic purpura (ITP), it has to be removed to prevent it from causing internal bleeding.
Traumatic brain injury: A traumatic brain injury (TBI) is an injury to the head that stops the brain from functioning how it did before the injury. They are a major cause of death and disability in the United States, and they most commonly happen while playing a sport or after getting into a car accident. Some of the immediate symptoms are dizziness, confusion, and blurry vision.
Davis, Saperstein & Salomon, P.C. – Boating Accidents
The younger sister in the boating accident described above on May 22, 2009, also endured multiple severe injuries. She fell into a two-day coma after the accident and remained in the hospital for an additional 10 days once she woke. Some of her injuries included a concussion, collapsed right lung which she was intubated for, bilateral lung contusions, three fractures to her right pelvis, rib fracture, rotator cuff tear in her shoulder, and nerve damage in the right foot. The accident also left her suffering from anosmia, which is the loss of smell and taste.
The young woman was unable to work for many months after the accident. In addition to her physical injuries she endured emotional pain from grief over her friend’s death, and was diagnosed with PTSD like her sister. She received mental health treatment for her emotional wounds and physical therapy to treat her injuries.
She won $3.9 million with the help of boating accident attorney Samuel L. Davis after the operator of the Boston Whaler was found liable for the crash. The settlement will help take care of all current and future medical procedures resulting from the accident.
The Edgewater Marina hauled out a yacht onto the dock with two passengers still on the boat, including our client, a 45-year-old chef. When she tried to get off the yacht, she slipped from the yacht’s ladder and fell eight feet. Davis, Saperstein & Salomon, P.C., Partner Samuel L. Davis proved that the Edgewater Marina had violated Occupational Safety and Health Administration (OSHA) standards. Our New Jersey boating incident attorney secured our client a $3,700,000 settlement.
The woman’s friend, the owner of the yacht, asked her to help him clean the yacht before he docked it at the marina. While she cleaned, her friend directed the boat to the travel lift, a machine used to hoist boats out of the water. The travel lift operator, who was an Edgewater Marina employee, hauled the boat out of the water while our client and the owner were still on the yacht. Once the yacht was on land, the owner used a ladder to descend onto land. Our client, who was intoxicated at the time, also began to descend, but she fell and hit her head on the pavement.
The client was taken by ambulance to the Hackensack University Medical Center in Hackensack, New Jersey. Her head injuries included a left temporal lobe hemorrhagic contusion, and a large hematoma with midline shift. To treat her injuries, she underwent an autologous cranioplasty and a craniectomy with hematoma evacuation and microdissection. After her surgeries, our client suffered from aphasia, hallucinations, and deteriorated cognitive functioning. She developed depression, anxiety, and struggled with concentration and auditory processing.
Davis, Saperstein & Salomon, P.C., hired medical experts to author narrative reports proving the permanent nature of our client’s injuries. Their reports helped show our client was entitled to financial compensation for her loss in income, medical bills, and pain and suffering. The firm also retained an economics expert to assess the financial loss suffered by our client who determined that the accident reduced her total future earning capacity by several hundred thousand dollars.
The firm also hired a marine engineering expert to assess liability in this incident. The expert determined that the marina had violated several OSHA regulations in allowing passengers to stay aboard a vessel during haul-out. The expert also found that they had broken safety rules published by the travel lift’s manufacturer, which prohibited the use of a portable stepladder. Partner Samuel L. Davis also retained a boatyard business and operations expert, who found that the marina was negligent for allowing passengers to stay aboard while the yacht was being moved by a travel lift. The expert also determined that the boatyard had failed to properly train its employees in proper safety procedures.
Lastly, Davis, Saperstein & Salomon, P.C. hired a toxicologist to assess our client’s level of intoxication at the time of the accident. The expert determined that, while her intoxication was a contributing factor to her fall, it could have been prevented if the marina and the yacht owner followed safety standards.
With the help of the compiled expert reports, Davis, Saperstein & Salomon, P.C., Partner Samuel L. Davis was able to ensure our client was properly compensated for her injuries, pain, and suffering. He sued the Edgewater Marina, the Borough of Edgewater, and the yacht owner in the Bergen County Superior Court. The case went to trial, and Partner Sam Davis secured our client a $3,700,000 settlement.
Settlements are often limited by the total available insurance coverage. Insurance company adjusters and their lawyers often defend cases by claiming that a client was negligent and could have avoided being injured by arguing comparative negligence on the part of an injured client; or that their pain and suffering was caused by pre-existing medical conditions or prior injuries. Despite those defenses, the Davis, Saperstein & Salomon, P.C., lawyers won their client’s injury claim. Each client’s case is unique. Results may differ because of different facts, circumstances and available insurance coverage.
Call our boat injury lawyers in New Jersey now for a free and confidential case evaluation. We are also available 24/7 online at our website, www.dsslaw.com.
Medical Glossary:
Aphasia: A condition where a person has trouble comprehending language.
Autologous Cranioplasty: A surgical procedure that uses your own bone to repair a cranial defect.
Contusion: A contusion, also known as a bruise, shows up on injured tissue or skin where blood capillaries have ruptured. This happens after the body experiences a direct blow.
Craniectomy: A craniectomy is a surgical procedure that removes part of the patient’s skull, in order to relieve pressure and swelling in that area.
Hematoma: A blood-filled swelling that occurs when a blood vessel breaks or begins leaking.
Hemorrhage: A hemorrhage is bleeding that occurs from a damaged blood vessel.
Microdissection: A surgical technique that involves a microscope.