LIHU‘E — A California couple is suing a local boat tour company for injuries that occurred during a 2010 ride up the Na Pali coast. Sonia and Frederick Nichols of Gardena, Calif., filed a lawsuit against multiple defendants on Oct.
LIHU‘E — A California couple is suing a local boat tour company for injuries that occurred during a 2010 ride up the Na Pali coast.
Sonia and Frederick Nichols of Gardena, Calif., filed a lawsuit against multiple defendants on Oct. 9, in 5th Circuit Court. The suit, filed by the firm of Bickerton Lee Dang & Sullivan, makes claims of negligence and injury for an incident during a tour on Oct. 10, 2010.
Defendants named in the case include Lady Ann Cruises, Inc., a Waimea-based company doing business as Na Pali Explorer; Activity Information Center, Inc., a Washington-based company doing business in Hawai‘i as Expedia Local Expert; and an unnamed passenger the couple claims is also responsible for their injuries for not following boat safety instructions.
The summons was denied by the defendants. A company spokesperson said they would not comment on the matter.
The suit claims that the couple attended a presentation at their hotel regarding tours and events provided by Local Expert. The couple purchased the rafting tour, understanding that it would take place on an inflatable zodiac raft, for access to caves, a beach area landing and snorkeling.
The boat, Na Pali Explorer II, is a 48-foot Coast Guard certified, rigid hull inflatable with twin inboard motors, according to the company web site. Its seats are bolted to a hard floor.
The tour commenced following a passenger briefing. According to the complaint, the passengers were told that the boat would not attempt a beach landing in the event of rough water.
Frederick Nichols took the last remaining seat.
Sonia Nichols sat on the rim of the inflatable side and was instructed to tuck her feet under a rope that ran securely along the floor.
The unnamed passenger defendant named in the complaint was reportedly seated on an ice chest toward the front of the craft.
The tour engaged in all planned activities for over two-hours. After a lunch break the tour continued to the planned beach landing.
Sonia and Frederick Nichols were seated opposite each other on the inflatable sides. The suit claims the surf was becoming noticeably rough, with swells coming over the bow.
The suit claims that water was pooling in and personal items were swirling around the boat. A large wave completely covered the plaintiffs in water.
The defendant passenger stood up and started walking toward the back of the boat, the complaint states. A large wave caused the front end to lift upward, throwing the defendant passenger onto the plaintiffs.
The collision reportedly sent Fred over the side with bruises and scrapes.
The defendant reportedly fell on top of Sonia Nichols, pushing her hip and thigh into a steel post, and the momentum continued pushing her the length of the boat.
Frederick Nichols was brought back to the boat with the aid of a flotation device, along with other passengers reportedly thrown overboard as well.
Crew asked Sonia Nichols if she needed an ambulance. Upon return to the harbor the complaint states that crew carried Sonia Nichols to the couple’s rental car and recommended they go to the emergency room on their own.
The complaint states that Sonia Nichols suffered a chronic Morel-Lavallée seroma injury, causing her right leg to swell. It required numerous surgeries to alleviate suffering from permanent damage, the complaint states.
Post-traumatic Morel-Lavallée seroma is defined as a “closed soft tissue injury produced most commonly as a result of direct trauma with tangential impact, followed by the shearing of the hypodermis from the underlying fascia, which results in a cavity filled with blood, lymph and both viable and necrotic fatty tissue,” according to the Romanian Journal of Legal Medicine.
The suit claims Na Pali Explorer, the passenger and Local Expert were negligent.
