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Divers hit by boat file lawsuit
BY ADAM LINHARDT Citizen Staff
alinhardt@keysnews.com
The father and son run over by an Upper Keys dive boat's propellers about three years ago have filed a federal civil lawsuit against the charter company, the boat captain, and mates, according to court records.
Calvin Adkins, then 11, and his father, Jared C. Adkins, then 39, both of Harrington, Del., were run over by the 46-foot Big Dipper, of the Florida Keys Dive Center in Tavernier, just after getting in the water near Conch Reef, nine miles south of Key Largo in August 2011.
Both suffered severe injuries and required emergency surgery after being airlifted to Miami hospitals following the incident. The son suffered a skull fracture and brain injury, which required part of his skull to be removed, according to law enforcement reports and the 55-page lawsuit filed this month.
Calvin Adkins suffered permanent brain injury due to the incident, said his attorney, John Hickey of Miami.
Named in the lawsuit are Big Dipper Charters, Florida Keys Dive Center, Capt. John Brady, mate John Burton and FKDC operators Thomas and Pamela Timmerman.
"The owners and staff of Florida Keys Dive Center continue to pray for Calvin, Jared and the Adkins family," Pamela Timmerman wrote in an email. "Out of respect for the Adkins we will not use the press to comment about any legal action regarding a family tragedy."
The Adkins were taking part in a "drift dive" with about 15 other people, which means divers move with the current instead of staying in one area, according to Florida Fish and Wildlife Conservation Commission reports of the incident. The divers also were "live boating," which means the boat was not anchored, but moving.
Both Adkins were in the water off the stern of the Big Dipper when it ran them over, according to the lawsuit.
The lawsuit states that the captain, John Brady, left the engines running while the crew put divers in the water at three different locations.
The Adkins entered the water at the last location with their scuba gear under the direction of crew, the lawsuit states.
"When (the Adkins) were in the transom of the vessel and after they jumped into the water, the master and his mate and divemaster did not communicate properly with each other and did not maintain a proper lookout," the lawsuit alleges. "Yet, the master put the engines in reverse and moved the vessel back over the two divers."
Hickey alleges the position of life rafts and layout of the Big Dipper made it so that "the person sitting at the helm could not see the transom of the vessel or anyone in the transom of the vessel."
He further alleges the charter company failed to provide a safe vessel due to those limitations, failed to keep a proper lookout of divers and failed to provide a properly trained captain and crew, which ultimately led to the incident, according to the lawsuit.
Hickey also alleges the Florida Keys Dive Center "misrepresented" facts on its website, mainly that "the personnel were not all employed by and were not 'of' the Florida Keys Dive Center."
"We believe this is a situation were the crew are paid as independent contractors and I think there's a little bit of shell game," Hickey said of the allegations regarding the website.
The lawsuit will be heard before U.S. District Senior Judge James Lawrence King. Hickey had not heard a response from the defendant's lawyer as of Thursday. A court date has yet to be scheduled.
alinhardt@keysnews.com
BY ADAM LINHARDT Citizen Staff
alinhardt@keysnews.com
The father and son run over by an Upper Keys dive boat's propellers about three years ago have filed a federal civil lawsuit against the charter company, the boat captain, and mates, according to court records.
Calvin Adkins, then 11, and his father, Jared C. Adkins, then 39, both of Harrington, Del., were run over by the 46-foot Big Dipper, of the Florida Keys Dive Center in Tavernier, just after getting in the water near Conch Reef, nine miles south of Key Largo in August 2011.
Both suffered severe injuries and required emergency surgery after being airlifted to Miami hospitals following the incident. The son suffered a skull fracture and brain injury, which required part of his skull to be removed, according to law enforcement reports and the 55-page lawsuit filed this month.
Calvin Adkins suffered permanent brain injury due to the incident, said his attorney, John Hickey of Miami.
Named in the lawsuit are Big Dipper Charters, Florida Keys Dive Center, Capt. John Brady, mate John Burton and FKDC operators Thomas and Pamela Timmerman.
"The owners and staff of Florida Keys Dive Center continue to pray for Calvin, Jared and the Adkins family," Pamela Timmerman wrote in an email. "Out of respect for the Adkins we will not use the press to comment about any legal action regarding a family tragedy."
The Adkins were taking part in a "drift dive" with about 15 other people, which means divers move with the current instead of staying in one area, according to Florida Fish and Wildlife Conservation Commission reports of the incident. The divers also were "live boating," which means the boat was not anchored, but moving.
Both Adkins were in the water off the stern of the Big Dipper when it ran them over, according to the lawsuit.
The lawsuit states that the captain, John Brady, left the engines running while the crew put divers in the water at three different locations.
The Adkins entered the water at the last location with their scuba gear under the direction of crew, the lawsuit states.
"When (the Adkins) were in the transom of the vessel and after they jumped into the water, the master and his mate and divemaster did not communicate properly with each other and did not maintain a proper lookout," the lawsuit alleges. "Yet, the master put the engines in reverse and moved the vessel back over the two divers."
Hickey alleges the position of life rafts and layout of the Big Dipper made it so that "the person sitting at the helm could not see the transom of the vessel or anyone in the transom of the vessel."
He further alleges the charter company failed to provide a safe vessel due to those limitations, failed to keep a proper lookout of divers and failed to provide a properly trained captain and crew, which ultimately led to the incident, according to the lawsuit.
Hickey also alleges the Florida Keys Dive Center "misrepresented" facts on its website, mainly that "the personnel were not all employed by and were not 'of' the Florida Keys Dive Center."
"We believe this is a situation were the crew are paid as independent contractors and I think there's a little bit of shell game," Hickey said of the allegations regarding the website.
The lawsuit will be heard before U.S. District Senior Judge James Lawrence King. Hickey had not heard a response from the defendant's lawyer as of Thursday. A court date has yet to be scheduled.
alinhardt@keysnews.com
