San Dimas Boating Accident Claims Three Lives, Leaves Four Others Injured

October 21, 2011
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What was supposed to be a fun and relaxing day on the water for two families turned into a horrifying nightmare this week when a jet ski watercraft collided with a motorboat on Puddingstone Reservoir in San Dimas, CA. According to an article from NBC San Diego, three women were riding on the jet ski when the collision occurred. 34-year-old Maricon Abello, her mother Aurora Yeso, and her cousin Anesia Bautista were all killed instantly upon impact. Four people from the other boat involved in the crash were injured in the collision, as well; but the severity of those injuries was not immediately reported.

The cause of the San Diego boat crash is still under investigation, but the severity of the crash makes it appear that speed may have been a factor. The scene on the water in the immediate aftermath was chaotic, with debris from the two boats strewn all over the place. There has been some speculation, based on witness statements, that the two boats may have collided as a result of one or both of them losing control while trying to navigate a turn; but that is, at this time, just a theory. There were no applicable boat speed limits in that area, but watercraft operators at Puddingstone Reservoir are required to maintain a minimum distance of 25 feet from other boats. Hopefully, with time, investigators will be able to put the story of what really happened together and figure out how to prevent similar accidents from occurring in the future.

Because of San Diego's temperate climate and its proximity to the ocean and to other bodies of water like Puddingstone Reservoir, San Diego boating accidents are all too real a concern for those who live in this area or who vacation here. When something like this happens, there are no easy answers, especially when the cause of the incident is unclear. As the families of the victims try to pick up the pieces after this tragedy, they will rely on investigators to determine what happened and what ultimately caused this crash. Knowing why it happened can help bring closure to the families, and it can also help determine whether this was a nightmare that could have been avoided.

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Posted In: Boating Accident

Jury Awards $1.68 Million to Abandoned Diver

October 25, 2010
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This is an amazing jury verdict. In 2004, Daniel Carlock was scuba diving with Ocean Adventures Dive Co. out of Los Angeles. During a dive near an oil rig, Carlock surfaced about 400 feet from the dive boat when he had trouble equalizing the pressure in his ears. As he tread on the surface of the water, and to his astonishment, his dive boat started to motor away.

As was established in his lawsuit, the dive-master on the boat marked Carlock as present, and then traveled to a different spot, where the group dived again and where (again) the dive-master marked Carlock as present. Meanwhile, Carlock was left floating alone in the foggy and sharky waters about 12 miles off the coast of Long Beach. He testified that he prayed to God to allow him to survive, and after about five hours bobbing in the sea, Boy Scouts passing in a nearby boat spotted him and he was rescued.

That's the case. An obvious case of negligence that certainly warrants a measure of compensation., but $1.68 million?

In his lawsuit, Carlock claimed negligent infliction of emotional distress and fraud. It's not clear what the basis for the fraud claims was, but he would certainly be entitled to damages for emotional distress. It doesn't appear that he suffered any physical harm; although he did claim curiously that it caused him to develop skin cancer. How did the verdict get to be so high? We can only speculate that he had a very good lawyer - Scott Koepke of Los Angeles - and that the defendants were very unlikable. Such a huge award for emotional distress damages is very, very uncommon.

Carlock, of course, was very pleased. He told the LA Times, "It has been an ordeal, but I wanted to seek changes in the scuba industry. Others will benefit."

Source: San Francisco Chronicle

The accident and injury attorneys at Walton Law Firm represent individuals who have been injured in all types of accidents, including car accidents, worksite injuries, nursing home neglect, food poisoning, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call toll free at (866) 607-1325 or local at (760) 571-5500 for a free and confidential consultation, or fill out an online inquiry.

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Posted In: Boating Accident , General Legal , Personal Injury

Investigator Stunned by Coast Guard Conduct

September 10, 2010
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The criminal investigation into the Coast Guard boat accident that claimed the life of 8-year-old Anthony DeWeese is revealing a startlingly relaxed and sometimes "cowboy" attitude toward the operation of Coast Guard boats. The lead investigator into the accident has testified that boat operators failed to assign lookouts during patrols, used cell phones for talk and text while on the water, and failed to evaluate risks before embarking on mission.

The investigator, Cmdr. Brian Roach said he couldn't believe what he saw when he began his investigation. When the 30-year veteran was taken to the scene of the accident by other crew members he was stunned by what he witnessed. The four-person crew used their phones and ignored lookout duties:

“Disappointing is the better way to put it,” Roach testified the criminal investigation hearing, adding that when no one else did it, he started calling out the locations of nearby boats. “The crew looked at me like, ‘What are you doing?’ My palms were starting to sweat.”

Lawyers for the petty officers charged with DeWeese's death don't necessarily diagree with Roach's assessment, but lay the blame with the Coast Guard itself for failing to provide adequate training. Petty Officer 3rd Class Paul A. Ramos was driving the Coast Guard vessel when it slammed into the DeWeese family's 24-foot pleasure boat.

The tragedy, as expected, is going to lead to a civil lawsuit for the death of DeWeese, the trauma his parents endured, and the severe injury to another passenger.

Source: San Diego Union Tribune

The San Diego based Walton Law Firm represents individuals and families who have been impacted by all types of injury-producing incidents, including auto accidents, wrongful death claims, worksite injuries, elder abuse and neglect, sexual molestation, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call toll free at (866) 607-1325 or locally at (760) 571-5500 for a free and confidential consultation.

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Posted In: Boating Accident , San Diego Personal Injury , Wrongful Death

Walkway Collapses at San Diego Hotel, Guests Fall Into Water

August 2, 2010
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The Bahia Hotel must be feeling a bit lucky today. On Saturday a walkway bridge that loads guests on and off the Bahia Belle bay cruiser collapsed, sending approximately 50 people, including an infant in a stroller, into the water. In what could have been a a very serious disaster, apparently no one was seriously injured.

Witnesses told NBC San Diego that about 100 people were waiting to get on the boat, but had to wait for those disembarking the boat to leave first. Staff from the Bahia Hotel told those waiting to move to the left to let leaving passengers get by when, without warning, the bridge gave way.

Robert Wait told NBC that "the bridge itself twisted like a snake, people were going off." The actual drop to the water was approximately 15 feet.

“The next thing I knew I was thrown into about 3 feet of water with everyone else,” an anonymous witness said. “People went down all around me, a lot of people fell on top of other people, and a few people were still clinging to the dock. Everyone was confused, trying to get up.”

Two guests were transferred to a hospital with what were described as minor injuries minor injuries.

View more news videos at: http://www.nbcsandiego.com/video.

Source: NBC San Diego

The Walton Law Firm of San Diego represent individuals who have been injured in all types of incidents, including property injuries, defective products, car accidents, worksite injuries, food poisoning, pedestrian injuries, construction accidents, and malpractice matters. Call (760) 571-5500 for a free and confidential consultation.

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Posted In: Boating Accident , San Diego Personal Injury

Five Injured, One Killed in San Diego Bay Tragedy

December 21, 2009
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A 33-foot Coast Guard boat slammed into a 24-foot pleasure boat during the San Diego Bay Parade of Lights show on Sunday night killing an 8-year-old boy and injuring five others, some seriously. Apparently no one was injured on the Coast Guard boat. According to the new reports, the 24-foot vessel had 13 people on board.

Witnesses told the San Diego UT that there were dozens of boats anchored on the bay to watch the boat parade, a San Diego tradition that draws thousands. The Coast Guard boat, apparently responding to an emergency call, was racing across the water when, for reasons unknown, it slammed into the smaller boat. The accident took place at around 6:00 p.m.

“We heard them saying ‘Watch out’ and ‘Oh my God,’” said eyewitness Breck Schoch. “They had half a second warning before the thing hit.”

Remarkably, no one was thrown into the water, and both boats made it to land under their own power. The Coast Guard has promised a thorough investigation.

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Source: San Diego Union Tribune

UPDATE (12/24/09): The DeWeese family, whose 8-year-old son Anthony Cole DeWeese died in the boating accident above, has hired attorney Mike Neil, to represent them, in what will likely become a wrongful death lawsuit against the government. Neil wasted no time in assessing blame for the accident:

“From what I’ve been able to glean, the Coast Guard boat was traveling way too fast under the circumstances,” said Neil. “A boat that is grounded is not an emergency. You don’t put other lives at risk for that.”

The Union Tribune is reporting that, for the first time, the Coast Guard is publically responding to claims that made by witnesses and local boaters that the Coast Guard boats often go to fast and have a "cowboy" attitude.

Of the 13 people reported to be injured, five were hospitalized, three with serious injuries.

Source: San Diego Union Tribune


The accident and injury lawyers at the Walton Law Firm represent individuals and families throughout the region who have been injured in all types of personal injury incidents. Call (866) 607-1325 for a free consultation.

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Posted In: Boating Accident , San Diego Personal Injury , Wrongful Death

Claim Filed in Death of Junior Lifeguard

November 21, 2009
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As was expected, the family of a Huntington Beach junior lifeguard who was accidentally killed during camp when she was run over by a lifeguard boat has filed a claim against the City of Huntington Beach. The claim alleges that Huntington Beach lifeguard Greg Crow, the boat operator, was negligent, and that his negligence caused Alyssa Squirrell's death. As was blogged about here, Alyssa died during a training drill where the junior lifeguards would jump off the back of the rescue boat near the surfline.

The filing of a claim is not a lawsuit, but a precursor to a lawsuit. Under California law, anytime a person wants to file a law against any governmental entity, whether a city, county, or any other public agency, it must first file a claim against the public entity, and the claim must be denied. In addition, the claim must be filed within 6 months of the incident. If the claim is not filed within six months, the person is usually barred from filing a lawsuit.

This requirement, which places an unfair burden on claimants, is often confusing for claimants. For example, if Alyssa Squirrell was killed by a private boater, not a city employee, her family would have up to two years to file a wrongful death case against the boater. Since the prospective defendant is the City of Huntington Beach, they must first file the claim referenced above, then will be permitted to file a lawsuit once the claim is denied (which is what Huntington Beach will do). After the claim is denied, the family will have six months. So while California has a two-year statute of limitations in most personal injury claims, it is usually one year in cases involving public entities.

The Squirrell case is just a plain tragedy. By all accounts the boat operator was an excellent lifeguard, who, for just a moment, acted negligently.

Source: ocregister.com

Walton Law Firm represents personal injury victims throughout San Diego County in cases involving negligent conduct, including car accidents, pedestrian accidents, medical malpractice, motorcycle accidents, uninsured motorist claims, defective products, construction accidents, slip and fall injuries, dog bites, and insurance disputes. Call (760) 607-1325 for a free consultation.

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Posted In: Boating Accident , General Legal , Personal Injury

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