Case 1:13-cv XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 1 of 23

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1 Case 1:13-cv XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 1 of 23 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. DAVID SCHULMAN as Personal Representative of the Estate of Casey Schulman, deceased, v. Plaintiff, INSTITUTE FOR SHIPBOARD EDUCATION d/b/a Semester at Sea, ANCHORAGE HOTEL LTD, GLOBAL CITIZENS TRAVEL, LLC, and FOUNTAINE PAJOT S.A., a foreign company Defendants. / COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff DAVID SCHULMAN, as Personal Representative of the Estate of Casey Schulman, deceased, sues INSTITUTE FOR SHIPBOARD EDUCATION d/b/a Semester at Sea; ANCHORAGE HOTEL, LTD., GLOBAL CITIZENS TRAVEL, LLC, and FOUNTAINE PAJOT S.A., and alleges: JURISDICTION AND THE PARTIES 1. This is an action in excess of Seventy-Five Thousand Dollars ($75,000), exclusive of costs, interest, and attorney s fees. 2. This Court has jurisdiction over this action pursuant to 28 U.S.C. 1332(a)(1). 3. Plaintiff, DAVID SCHULMAN, as personal representative of The Estate of Casey Schulman ( David Schulman or the Personal Representative ) is a citizen of 1

2 Case 1:13-cv XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 2 of 23 Virginia pursuant to 28 U.S.C. 1332(c)(2) because at the time of her death, Casey Schulman was a citizen of Virginia. 4. Defendant, INSTITUTE OF SHIPBOARD EDUCATION d/b/a Semester at Sea ( SEMESTER AT SEA ) is a not for profit educational corporation with its principal place of business in Charlottesville, Virginia. 5. Defendant, ANCHORAGE HOTEL LTD ( ANCHORAGE ), is a limited liability company registered under the laws of the Commonwealth of Dominica with its principal place of business in Roseau, Dominica and the owner and operator of the Anchorage Hotel located near Roseau, Dominica. ( The Anchorage ). 6. Defendant, GLOBAL CITIZENS TRAVEL, LLC ( GCT ) is a Michigan limited liability company with its principal place of business in New York, New York. 7. Defendant, FOUNTAINE PAJOT, S.A. ( FOUNTAINE ) is a French corporation with its principal place of business in Aigrefeuille, France. 8. This Court has personal jurisdiction over Defendant, SEMESTER AT SEA pursuant to Fla.Stat (2) because SEMESTER AT SEA conducts substantial and not isolated business activity in Florida. 9. This Court has personal jurisdiction over Defendant, ANCHORAGE pursuant to Fla.Stat (2) because ANCHORAGE conducts substantial and not isolated business activity in Florida. 10. This Court has personal jurisdiction over Defendant GCT pursuant to Fla.Stat (2) because GCT conducts substantial and not isolated business activity in Florida. 11. This Court has personal jurisdiction over Defendant FOUNTAINE pursuant to Fla.Stat (1)(a) because FOUNTAINE maintains an office or agency in Florida 2

3 Case 1:13-cv XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 3 of 23 and pursuant to Fla.Stat (2) because FOUNTAINE conducts substantial and not isolated business activity in Florida. 12. Venue is proper in the Southern District of Florida pursuant to 28 U.S.C (b)(1). 13. All conditions precedent to the filing of this action have been waived or satisfied. 14. Defendant SEMESTER AT SEA is a not for profit corporation that manages an educational program sponsored by the University of Virginia known as Semester at Sea. Nearly 55,000 undergraduates from more than 1,500 colleges and universities have participated in the program since its inception in 1963, including numerous Florida residents and students enrolled in Florida colleges and universities. Many of the voyages call in Fort Lauderdale, Florida, including the one that Casey Schulman was on at the time the claims giving rise to this action arose. SEMESTER AT SEA regularly solicits students from Florida for its program and receives substantial tuition payments from numerous Florida residents. Many of those residents are actively involved in the program s alumni association and in the recruitment of future students. In addition, SEMESTER AT SEA advertises and promotes its program on numerous college and university campuses in Florida and through alumni residing in Florida. 15. Students enrolled in the program live and study onboard a passenger ship called the M/V Explorer ( The Explorer ), which visits various ports of call throughout the semester. The program also organizes tours for students at these various ports of call with local tour operators who have been evaluated by Semester at Sea faculty and/or administrators and have longstanding ties with the program and experience working with and supervising college-aged students. The tours are made available to students on a first come, first served basis. 3

4 Case 1:13-cv XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 4 of Defendant ANCHORAGE is the owner and operator of a hotel located on the island of Dominica in the Caribbean and the owner of a day excursion catamaran called The Passion 1 ( The Passion 1 ). ANCHORAGE sells and markets its hotels in Florida and through the use of an interactive website. It also sells dive packages and catamaran excursions like the one Schulman purchased through its website. Individuals can book and pay for hotel reservations and dive and catamaran excursions on the website. Upon information and belief, ANCHORAGE markets its facility to Florida residents, and a significant portion of its United States guests and revenue come from Florida. 17. At all times relevant to this action, the members of The Passion 1 s crew, including the ship s captain, were employed by, and under the direction and control of, ANCHORAGE. 18. Defendant GCT is a tour operator which sells and markets tours to student groups through the use of an interactive website where individuals can book flights, accommodations, and travel packages. GCT is owned and operated by Matthew Murphy, a 24-year-old former participant in the Semester at Sea Program. Murphy specifically targets students who are enrolled in Semester at Sea as part of his business strategy. Upon information and belief, GCT markets its program to Florida residents and derives a significant amount of its revenues from students who reside or attend college in Florida. A number of students from Florida were on the Passion 1 at the time the incident giving rise to this lawsuit occurred. 19. Defendant FOUNTAINE is a maritime construction company that manufactures and sells large catamarans, including the one that is the subject of this action. 4

5 Case 1:13-cv XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 5 of 23 FOUNTAINE markets and sells its catamarans internationally through various authorized dealers, one of which, Florida Yachts Group, LLC ( Florida Yachts Group ), is located in West Palm Beach, Florida. Florida Yachts Group is listed on FOUNTAINE s website under the drop down menu labeled Dealers, along with its contact information and a map of its location. FOUNTAINE s products are also sold by other yacht brokers in Florida, including Florida Yachts International, which is located in Miami. Customers who call Florida Yachts Group s West Palm Beach office who identify themselves as being from Miami are transferred directly to Florida Yachts International s office in Miami, which processes their orders. Down payments and deposits for yachts ordered through Florida Yachts Group in West Palm Beach are made at Florida Yachts International s offices in Miami. FACTS GIVING RISE TO THE CLAIMS 20. On or about June 10 th, 2012, Casey Schulman enrolled and was accepted as a student in Semester at Sea for the 2012 fall term. At the time she applied to participate in the program, Schulman was a senior (4 th year) student at the University of Virginia. 21. On or about December 1, 2012, The Explorer docked on the island of Dominica. 22. Shortly before docking in Dominica, Casey Schulman and approximately 50 other students purchased a shore excursion organized and promoted by GCT through one or more student representatives. The excursion referred to as a booze cruise on November 26, 2012 by GCT owner Matt Murphy featured, a snorkeling excursion on board a catamaran owned and operated by ANCHORAGE, and a beach party afterward at The Anchorage followed by an overnight stay at The Anchorage. The excursion included lunch, as well as the availability of up to six beers and nine Caribbean rum 5

6 Case 1:13-cv XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 6 of 23 drinks for each student. Students who participated in the excursion were picked up at the dock in Dominica, where The Explorer anchored, by vans which met them at the pier. 23. Semester at Sea knew or should have known at the time The Explorer docked in Dominica that approximately 50 of its students had purchased a shore excursion from GCT based on the fact that, among other things: (a) students who stayed ashore overnight were required to complete an overnight travel form listing where they were staying and providing shoreside contact information; (b) vans met the students at the pier; (c) a large number of students participated in the tour; and (d) four days earlier approximately 30 students had participated in another shore excursion organized by GCT. It also knew or should have known, based on prior problems with GCT, that the excursion Casey Schulman and the other students purchased was not adequately supervised, was staffed by unqualified and inexperienced individuals, and included the provision of substantial and excessive amounts of alcohol that posed a risk to students. 24. More specifically, Semester at Sea knew or should have known that GCT was operated by a recent participant of its own program who had little or no experience organizing tours for college students or knowledge of the safeguards necessary to prevent students from being injured on such tours, particularly in foreign locations such as Dominica, and that participating in such an excursion posed a significant risk of injury to students such as Casey Schulman. In addition, Semester at Sea knew or should have known at the time Casey Schulman and other students signed up for the GCT tour in Dominica that students who had taken tours organized by other inexperienced tour operators not vetted by Semester at Sea before Casey Schulman, including GCT, had suffered serious 6

7 Case 1:13-cv XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 7 of 23 personal injuries on those tours. Indeed, less than one week prior to the incident giving rise to this lawsuit, a number of students suffered bodily injury on a tour organized by GCT because the organizers of the tour -- including GCT s owner, who was present on and led the tour --, failed to provide the students on the tour with safe equipment for an overnight excursion in the Amazon jungle. 25. Yet despite this knowledge, Semester at Sea allowed Casey Schulman and the other 50+ students to participate in a subsequent excursion organized by GCT in Dominica. 26. On or about December 1, 2012, Casey Schulman boarded The Passion 1 for a snorkeling excursion and beach party. 27. Neither Casey Schulman nor any of the other passengers onboard The Passion 1 were given adequate safety briefings prior to the catamaran s departure nor warned that there were no guards on the ship s propellers. 28. Following the snorkeling portion of the excursion, The Passion 1 traveled to Mero Beach, Dominica where students went swimming in the vicinity of, and beneath, the catamaran. 29. While Casey Schulman was in the water swimming, The Passion 1 s captain suddenly and without warning backed the catamaran up, causing her to be caught in one of the vessel s propellers and to suffer fatal injuries. 30. At the time Casey Schulman was injured, a number of the students were swimming in the immediate vicinity of The Passion 1 with her and/or directly beneath or alongside it. 31. At the time Casey Schulman was injured, the ship did not have an adequate number of crew members supervising the students in the water. It also did not have adequate or properly trained look-outs who could properly appraise the risk of collision with an 7

8 Case 1:13-cv XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 8 of 23 object or injury to persons or vessels in the water. In fact, several of the lookouts who were supposed to be present at the time were not. 32. In addition, at the time of the incident, the captain who was operating The Passion 1 was not properly trained or licensed to operate The Passion ANCHORAGE knew or should have known at the time it allowed the captain to operate The Passion 1 that he was not properly trained or licensed to do so. It also knew or should have known that the students who were staying at the hotel were scheduled to participate in an excursion and beach party involving The Passion 1, and that supplying and/or serving alcohol to students and crew members during the excursion posed a serious risk of harm to those students. 34. In addition, both the captain and the owners and/or employees of ANCHORAGE knew or should have known at the time Casey Schulman was injured that The Passion 1 did not have any guards on either of the vessel s propellers, even though such guards are standard safety features on catamarans, and other similar vessels, and would have prevented Casey Schulman from being killed. 35. GCT also knew or should have known of the aforementioned risks as the organizer and promoter of the excursion, as well as the risk posed by supplying the crew and students with an excessive and unreasonable amount of alcohol. COUNT I NEGLIGENCE (against Semester at Sea) 36. As the organizer of the academic program in which Casey Schulman was enrolled, SEMESTER AT SEA had a non-delegable duty to the students in the program, including Casey Schulman, to exercise reasonable care with respect to the supervision and safety of its students. 8

9 Case 1:13-cv XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 9 of More specifically, Semester at Sea had a non-delegable duty to prevent Casey Schulman from participating in shore excursions and tours that it knew or should have known were not adequately supervised, involved the consumption of dangerous amounts of alcohol, unsafe and dangerous vessels, and inexperienced and unqualified captain and crew. 38. It also had a duty to adequately warn Casey Schulman that GCT had little to no experience organizing tours for college students or knowledge of the safeguards necessary to prevent students from being injured on such tours, particularly in foreign locations such as Dominica. 39. SEMESTER AT SEA breached its duty to Casey Schulman in one or more of the following ways: a. Allowing her to participate in excursions operated by inexperienced, inadequately trained, and/or unqualified guides or leaders; b. Allowing her to participate in excursions marketed and sold by GCT when it knew or should have known that GCT had little to no experience organizing tours for college students or knowledge of the safeguards necessary to prevent students from being injured on such tours, particularly in foreign locations such as Dominica; c. Allowing her to participate in excursions which supplied and encouraged the consumption by crew and students of excessive amounts of alcohol; d. Allowing her to participate in an excursion with crew members who were not properly licensed or trained; 9

10 Case 1:13-cv XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 10 of 23 e. Allowing her to participate in a boat excursion which involved an unsafe and defective vessel; f. Failing to follow and enforce its own policies and procedures regarding shore excursions; g. Failing to adequately warn her of the danger of participating in excursions marketed and sold by GCT when it knew or should have known that GCT had little to no experience organizing tours for college students or knowledge of the safeguards necessary to prevent students from being injured on such tours, and that students had suffered personal injuries on another GCT organized tour. 40. Semester at Sea s conduct was reckless and grossly negligent. 41. As a direct and proximate result of SEMESTER AT SEA s negligence, Casey Schulman was fatally injured. WHERFORE, David Schulman, as Personal Representative of the Estate of Casey Schulman, demands judgment against Defendant SEMESTER AT SEA for compensatory damages, including loss of support and services from the date of Casey Schulman s death, reduced to present value, loss of net accumulations, reduced to present money value, funeral expenses, other damages to which the Estate and survivors of Casey Schulman may be entitled to under applicable law, costs, and such other relief and other relief this Court deems just and proper. COUNT II NEGLIGENCE (against ANCHORAGE) 42. As the owner and operator of The Passion 1, and the employer of ANCHORAGE hotel staff and crew of The Passion 1, ANCHORAGE owed a duty to Casey Schulman and the students who participated in the dive excursion to exercise reasonable care in the 10

11 Case 1:13-cv XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 11 of 23 operation, maintenance, and inspection of its catamaran. It also owed a duty to Casey Schulman to provide her with a safe vessel and an adequately trained and competent crew, including a properly trained and licensed captain. 43. ANCHORAGE breached its duty to Casey Schulman in one or more of the following ways: a. Failing to properly train The Passion 1 s crew, including its captain, to safely operate the vessel prior to The Passion 1 departing the hotel; b. Allowing the captain of The Passion 1 to operate the vessel without a proper license; c. Failing to take steps to determine whether the operator of The Passion 1 was legally licensed to operate it; d. Allowing employees of the hotel to serve and/or supply Semester and Sea students with excessive and dangerous amounts of alcohol; e. Failing to adequately supervise the catamaran tour and the Semester at Sea students; f. Failing to provide students with adequate vessel and/or other safety instructions prior to their boarding the catamaran; g. Failing to provide an adequate and properly trained lookout or lookouts; h. Allowing Schulman and other passengers to swim in an unsafe area dangerously close to the catamaran s unguarded propellers when it knew or should have known that doing so could result in death or serious bodily injury; 11

12 Case 1:13-cv XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 12 of 23 i. Allowing its employees to operate a catamaran without proper covers or propeller guards when it knew or should have known that the unguarded propellers posed a risk of harm and/or death to Casey Schulman and other passengers; j. Employing the use of a defective and unreasonably dangerous product, the Fountaine Pajot catamaran, on its shore excursions; k. Failing to install covers or guards on the propellers of The Passion 1 when it knew or should have known that the unguarded propellers posed a risk of harm and/or death to Casey Schulman and other passengers; l. Failing to warn Casey Schulman and other passengers of the danger of swimming near the catamaran. 44. In addition, ANCHORAGE is vicariously liable for the negligence of The Passion 1 s captain. 45. ANCHORAGE s conduct was reckless and grossly negligent. 46. As a direct and proximate result of ANCHORAGE's negligence, Casey Schulman was fatally injured. WHERFORE, David Schulman, as Personal Representative of the Estate of Casey Schulman, deceased, demands judgment against Defendant ANCHORAGE for compensatory damages, including loss of support and services from the date of Casey Schulman s death, reduced to present value, loss of net accumulations, reduced to present money value, funeral expenses, other damages to which the Estate and survivors of Casey Schulman may be entitled to under applicable law, costs, and such other relief and other relief this Court deems just and proper. 12

13 Case 1:13-cv XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 13 of 23 COUNT III NEGLIGENCE (against GCT) 47. As the organizer and promoter of the catamaran excursion in which Casey Schulman participated, GCT, had a duty to exercise reasonable care in the selection, vetting, and inspection of its tour operators and their facilities, staff, and vessels. It also had a duty to insure that the tours it sold her were adequately staffed and supervised with a properly trained crew and licensed captain and the vessel it supplied was safe and not unreasonably dangerous. 48. GCT breached its duty to Casey Schulman in one or more of the following ways: a. Providing her with a tour that was not adequately staffed and supervised; b. Organizing and selling her a catamaran excursion with a crew that was not properly trained; c. Organizing and selling her a catamaran excursion with a captain who was not properly trained or licensed to operate the vessel; d. Failing to inspect The Passion 1 to make sure it was not unsafe or unreasonably dangerous prior to the students boarding the vessel; e. Failing to adequately vet its tour operators and their employees to make sure they were sufficiently skilled and qualified to lead excursions of college-aged students; f. Failing to insure that the captain of The Passion 1 was licensed prior to allowing Schulman and other students to board the vessel; g. Organizing and selling her a catamaran excursion that allowed students to consume excessive amounts of alcohol; h. Organizing and selling her a catamaran excursion with a crew that was not properly trained to supervise college students; 13

14 Case 1:13-cv XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 14 of 23 i. Failing to have adequate policies and procedures in place for the selection and vetting of excursion operators such as ANCHORAGE; j. Failing to warn Casey Schulman of the dangers of the catamaran excursion in question; k. Failing to ensure that ANCHORAGE had policies and procedures in place for the vetting and selection of its boat captains and crew; 49. GCT s conduct was reckless and grossly negligent. 50. As a direct and proximate result of GCT s acts and omissions, Casey Schulman was fatally injured. WHERFORE, David Schulman, as Personal Representative of the Estate of Casey Schulman, deceased, demands judgment against Defendant GCT for compensatory damages, including loss of support and services from the date of Casey Schulman s death, reduced to present value, loss of net accumulations, reduced to present money value, funeral expenses, other damages to which the Estate and survivors of Casey Schulman may be entitled to under applicable law, costs, and such other relief and other relief this Court deems just and proper. COUNT IV STRICT LIABILITY (DESIGN DEFECT) (against FOUNTAINE) 51. FOUNTAINE designed and/or manufactured The Passion 1 on which Casey Schulman was a passenger. 52. The Passion 1 was expected to and did in fact reach users such as Casey Schulman, in the condition in which it was manufactured and sold. 53. The Passion 1 as designed, sold, and manufactured was unreasonably dangerous to users and consumers, including Casey Schulman. 14

15 Case 1:13-cv XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 15 of At the time The Passion 1 was designed, an adequate alternative design to the unguarded propellers that injured Casey Schulman existed. 55. At the time Casey Schulman was fatally injured, The Passion 1 was being used in the manner for which it was intended and/or being used in a reasonably foreseeable manner. 56. The Passion 1 did not perform as safely as an ordinary consumer would expect when used in its intended manner and/or a reasonably foreseeable manner. 57. The Passion 1 was defectively designed and unreasonably dangerous in one or more of the following ways: a. It did not incorporate propeller guards surrounding the blades of the propellers; b. It did not provide an adequate line of sight from the steering area to the stern of the vessel where the propellers were located; and c. It was not equipped with an adequate warning system to warn swimmers in the water surrounding the vessel when the engines are activated and the vessel is moving. 58. As a direct and proximate result of the defective and unreasonably dangerous design of The Passion 1, Casey Schulman was fatally injured. WHERFORE, David Schulman, as Personal Representative of the Estate of Casey Schulman, deceased, demands judgment against Defendant FOUNTAINE for compensatory damages, including loss of support and services from the date of Casey Schulman s death, reduced to present value, loss of net accumulations, reduced to present money value, funeral expenses, other damages to which the Estate and survivors of Casey Schulman may be entitled to 15

16 Case 1:13-cv XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 16 of 23 under applicable law, costs, and such other relief and other relief this Court deems just and proper. COUNT IV STRICT LIABILITY (FAILURE TO WARN) (against FOUNTAINE) 59. FOUNTAINE designed and/or manufactured The Passion 1 on which Casey Schulman was a passenger. 60. The Passion 1 was expected to and did in fact reach users such as Casey Schulman, in the condition in which it was manufactured and sold. 61. The Passion 1 as designed, sold, and manufactured was unreasonably dangerous to users and consumers, including Casey Schulman. 62. At the time Casey Schulman was fatally injured, The Passion 1 was being used in the manner for which it was intended and/or being used in a reasonably foreseeable manner. 63. The Passion 1 did not perform as safely as an ordinary consumer would expect when used in its intended manner and/or when used in a reasonably foreseeable manner. 64. At the time The Passion 1 was designed, an adequate alternative design to the unguarded propellers that injured Casey Schulman existed. 65. The Passion 1 was defectively designed and unreasonably dangerous in one or more of the following ways: a. It did not incorporate propeller guards surrounding the blades of the propellers; b. It did not provide an adequate line of sight from the steering area to the stern of the vessel where the propellers were located; and 16

17 Case 1:13-cv XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 17 of 23 c. It was not equipped with an adequate warning system to warn swimmers in the water surrounding the vessel when the engines are activated and the vessel is moving. d. It did not provide a warning on each pontoon indicating the location of the propeller beneath the water line. 66. FOUNTAINE failed to adequately warn Casey Schulman of the aforementioned defects and dangers. 67. As a direct and proximate result of FOUNTAINE s failure to warn Casey Schulman of the aforementioned defects and dangers, Casey Schulman was fatally injured. WHERFORE, David Schulman, as Personal Representative of the Estate of Casey Schulman, deceased, demands judgment against Defendant FOUNTAINE for compensatory damages, including loss of support and services from the date of Casey Schulman s death, reduced to present value, loss of net accumulations, reduced to present money value, funeral expenses, other damages to which the Estate and survivors of Casey Schulman may be entitled to under applicable law, costs, and such other relief and other relief this Court deems just and proper. COUNT VI NEGLIGENCE (against FOUNTAINE ) 68. As the designer and manufacturer of The Passion 1, FOUNTAINE, owed a duty to passengers such as Casey Schulman to exercise reasonable care in the design and manufacture of its catamarans so as to prevent them from being severely injured or killed if they swam in the vicinity of the vessel s propellers. Specifically, FOUNTAINE owed a duty to passengers such as Casey Schulman to equip the vessel 17

18 Case 1:13-cv XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 18 of 23 with propeller guards so as to prevent passengers who accidentally come in contact with the vessel s propellers from being severely injured or killed. 69. It also owed a duty to warn passengers such as Casey Schulman of the dangers of swimming in the vicinity of the vessel s propellers and of the lack of propeller guards. 70. FOUNTAINE breached its duties to Casey Schulman in one or more of the following ways: a. Failing to design the subject vessel with a propeller guard or cage; b. Failing to design the subject vessel so that persons could safely swim near or around its propellers even when FOUNTAINE knew or should have known that passengers such as Casey Schulman would swim near or around the propellers; c. Failing to place adequate warnings on or around the vessel indicating the location of the propellers and that the propellers were unguarded; d. Failing to install a warning system to alert swimmers that the vessel engines were on and the vessel is moving. 71. At the time FOUNTAINE designed and manufactured The Passion, it was reasonably foreseeable that a passenger, such as Casey Schulman, would be swimming near or around the propellers while the boat was stopped or idling. 72. It was also reasonably foreseeable to FOUNTAINE that the operator of the catamaran might fail to exercise reasonable care in operating the catamaran and/or fail to warn passengers in the water it was activating the vessel s propellers. 73. As a direct and proximate result of FOUNTAINE s negligence, Casey Schulman suffered fatal injuries. 18

19 Case 1:13-cv XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 19 of 23 WHERFORE, David Schulman, as Personal Representative of the Estate of Casey Schulman, deceased, demands judgment against Defendant FOUNTAINE for compensatory damages, including loss of support and services from the date of Casey Schulman s death, reduced to present value, loss of net accumulations, reduced to present money value, funeral expenses, other damages to which the Estate and survivors of Casey Schulman may be entitled to under applicable law, costs, and such other relief and other relief this Court deems just and proper. COUNT VII STRICT LIABILITY (DESIGN DEFECT) (against ANCHORAGE) 74. ANCHORAGE was in the business of chartering vessels such as The Passion 1, which was designed and manufactured by FOUNTAINE. 75. ANCHORAGE contracted or chartered with GCT to provide The Passion 1 for a snorkeling day excursion package to Casey Schulman. 76. The Passion 1 was expected to and did in fact reach users such as Casey Schulman, in the condition in which it was manufactured and sold. 77. At the time it was chartered to GCT, The Passion 1 was unreasonably dangerous to users and consumers, including Casey Schulman. 78. At the time Casey Schulman was fatally injured, The Passion 1 was being used in the manner for which it was intended and/or being used in a reasonably foreseeable manner. 79. At the time The Passion 1 was designed, an adequate alternative design to the unguarded propellers that injured Casey Schulman existed. 19

20 Case 1:13-cv XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 20 of The Passion 1 did not perform as safely as an ordinary consumer would expect when used in its intended manner and/or when used in a reasonably foreseeable manner. 81. The Passion 1 was defectively designed and unreasonably dangerous in one or more of the following ways: a. It did not contain propeller guards surrounding the blades of the propellers; b. It did not provide an adequate line of sight from the steering area to the stern of the vessel where the propellers were located; and c. It was not equipped with an adequate warning system to warn swimmers in the water surrounding the vessel when the engines are activated and the vessel is moving. 82. As a direct and proximate result of the defective and unreasonably dangerous design of The Passion 1, Casey Schulman was fatally injured. WHERFORE, David Schulman, as Personal Representative of the Estate of Casey Schulman, deceased, demands judgment against Defendant ANCHORAGE for compensatory damages, including loss of support and services from the date of Casey Schulman s death, reduced to present value, loss of net accumulations, reduced to present money value, funeral expenses, other damages to which the Estate and survivors of Casey Schulman may be entitled to under applicable law, costs, and such other relief and other relief this Court deems just and proper. COUNT VIII STRICT LIABILITY (FAILURE TO WARN) (against ANCHORAGE) 83. ANCHORAGE was in the business of chartering vessels such as The Passion 1, which was designed and manufactured by FOUNTAINE. 20

21 Case 1:13-cv XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 21 of ANCHORAGE, chartered The Passion 1 to GCT to provide a day excursion and beach party package to Casey Schulman. 84. The Passion 1 was expected to and did in fact reach users such as Casey Schulman, in the condition in which it was manufactured and sold. 85. At the time it was chartered to GCT, The Passion 1 was unreasonably dangerous to users and consumers, including Casey Schulman. 86. At the time The Passion 1 was designed, an adequate alternative design to the unguarded propellers that injured Casey Schulman existed. 87. At the time Casey Schulman was fatally injured, The Passion 1 was being used in the manner for which it was intended and/or being used in a reasonably foreseeable manner. 88. The Passion 1 did not perform as safely as an ordinary consumer would expect when used in its intended manner and/or when used in a reasonably foreseeable manner. 89. The Passion 1 was defectively designed and unreasonably dangerous in one or more of the following ways: a. It did not incorporate propeller guards surrounding the blades of the propellers; b. It did not provide an adequate line of sight from the steering area to the stern of the vessel where the propellers were located; and c. It was not equipped with an adequate warning system to warn swimmers in the water surrounding the vessel when the engines are activated and the vessel is moving. 90. FOUNTAINE failed to adequately warn Casey Schulman of the aforementioned defects and dangers. 21

22 Case 1:13-cv XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 22 of As a direct and proximate result of FOUNTAINE s failure to warn Casey Schulman of the aforementioned defects and dangers, Casey Schulman was fatally injured WHEREFORE, Plaintiff, DAVID SCHULMAN as Personal Representative of the Estate of Casey Schulman, deceased, demands judgment against ANCHORAGE HOTEL, LTD. for compensatory damages, including loss of support and services from the date of Casey Schulman s death, reduced to present value, loss of net accumulations, reduced to present money value, funeral expenses, other damages to which the Estate and survivors of Casey Schulman may be entitled to under applicable law, costs, and such other relief and other relief this Court deems just and proper. JURY DEMAND Plaintiff demands a trial by jury on all issues so triable. 22

23 Case 1:13-cv XXXX Document 1 Entered on FLSD Docket 10/17/2013 Page 23 of 23 Respectfully submitted, THE LAW OFFICES OF ROBERT L. PARKS, P.L. 799 Brickell Plaza, Suite 900 Miami, Florida Tel: (305) Fax: (305) bob@rlplegal.com gabe@rlplegal.com By: /s/ Robert L. Parks Robert L. Parks, Esq. Florida Bar No Gabriel A. Garay, Esq. Florida Bar No THE POLLACK LAW FIRM David H. Pollack, Esq. 540 Brickell Key Drive, Suite C-1 Miami, FL Tel: (305) david@davidpollacklaw.com KELLOGG HUBER HANSEN TODD EVANS & FIGEL PLLC K. Chris Todd, Esq. William J. Conyngham, Esq M Street, N.W. Suite 400 Washington, D.C Tel: (202) ctodd@khhte.com wconyngham@khhte.com Counsel for the Plaintiff 23