Florida Verdicts

Plaintiff(s):

Jared Adkins (Male, 45 Years), 

Audrey Adkins (Male), 

Calvin Adkins (Male, 11 Years)

Plaintiff Attorney(s):

John H. Hickey;
Hickey Law Firm, P.A.;
Miami,
FL,
for
Jared Adkins, Audrey Adkins, Calvin Adkins ■ Christopher Michael Stephan Drury;
Hickey Law Firm PA;
Miami,
FL,
for
Jared Adkins, Audrey Adkins, Calvin Adkins

Defendant(s):

John Brady, 

John W. Burton, 

Pamela Timmerman, 

Thomas Timmerman, 

Big Dipper Charters, Inc., 

Florida Keys Dive Center, Inc.

Defense Attorney(s):

Armando Pedro Rubio;
Cole, Scott & Kissane, P.A.;
Miami,
FL,
for
John Brady, John W. Burton, Pamela Timmerman, Thomas Timmerman, Big Dipper Charters, Inc., Florida Keys Dive Center, Inc. ■ 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. ■ John D. Kallen;
John D. Kallen, P.A.;
North Miami Beach,
FL,
for
John Brady, John W. Burton, Pamela Timmerman, Thomas Timmerman, Big Dipper Charters, Inc., Florida Keys Dive Center, Inc.

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. Also sued was John W. Burton, the mate and dive master. The plaintiffs alleged the owners and operators of the vessel owed a duty to exercise reasonable care for the safety of its passengers. Plaintiffs’ counsel alleged that the Big Dipper had a cockpit and helm which was topside or at level above the main level of the vessel. The plaintiffs alleged that the two life rafts of the Big Dipper were mounted on the aft portion of the topside level. Plaintiffs’ counsel alleged that because the location where the rafts were mounted and because of the dimensions and layout of the help topside, the person sitting in the helm, Brady, could not see the transom of the vessel or anyone in the transom of the vessel. The plaintiffs alleged Brady could not see anyone on or around the diving platform because of the way the boat was designed. In addition, plaintiffs’ counsel claimed that despite the alleged limitations of the vessel, the owner and operator of the boat decided on the day of the accident to change the master from the person usually assigned to the vessel to defendant Brady and to change the voyage or dive from an anchored reef dive to a drift dive. The plaintiffs alleged that this meant that Brady, who was not as familiar with the vessel or with the mate and dive master on board, was going to be engaged in drift diving from a vessel where the helmsman could not make visual contact with anyone in the transom of the vessel where the dive platform is located. Plaintiffs’ counsel claimed that Burton was positioned at the transom of the vessel to relay the orders of Captain Brady and to control the actions of the divers getting into the water from the dive platform at the direction of Brady. The plaintiffs alleged the seas were choppy and winds were 7 to 14 mph. Plaintiffs’ counsel claimed Brady left the engines running while they put the divers into the water. The plaintiffs alleged that they put the divers into the water at three different locations, and that at one last location, the dive master was standing in the transom with two of the divers, Jared and his son, Calvin. The plaintiffs alleged that Brady was at the helm topside and yelled "Dive, Dive, Dive" – alleging that Burton directed Calvin and his father into the water. Plaintiffs’ counsel alleged that Calvin and his son followed this instruction, jumped into the water with their scuba gear; when Calvin and father were in the water, Brady and Burton did not communicate properly with each other and did not maintain a proper lookout. The plaintiffs further alleged that Brady put the engines in reverse, moved the vessel back over Calvin and his father, and that this in turn sucked the two into the fast-moving propellers of the Big Dipper, which sliced into their heads. Plaintiffs’ counsel alleged that the actions, conduct, and failures of the defendants which caused the boating incident violated the Florida statutes and the inland navigational rules incorporated therein, federal statutes and regulations and the inland rules of navigation incorporated therein, and the duty of reasonable conduct under the circumstances under the General Maritime Law. The defense denied all of the plaintiffs’ allegations. Defense counsel argued that the defendants were not liable because of the signed release form the plaintiffs signed. The defense also argued that the negligence of Jared Adkins in entering the water and failing to stay clear of the vessel was the cause or a substantial contributing cause of the accident and the resulting injuries of Jared. The defense also argued that negligence of Jared, as parent, guardian, and "dive buddy" of his son Calvin, in allowing Calvin to enter and fail to stay clear of the vessel, was the cause or a substantial contributing cause of the accident and Calvin’s resulting injuries.

Jared Adkins and his son Calvin Adkins were transported by ambulance to a local emergency room. Jared Adkins and his son Calvin both suffered skull fractures. 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 underwent a cranioplasty to address the injury to his brain. 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. Jared was able to return to his civil engineering job. Jared Adkins and his son sought to recover damages for past and future medicals; and past and future pain and suffering. Jared Adkins also sought to recover damages for past and future lost earnings. Jared Adkins’ wife, Audrey Adkins, joined the action on a consortium claim.

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.

Judge:

James Lawrence King

This report is based on information that was provided by plaintiffs’ counsel. Defense counsel did not respond to the reporter’s phone calls.