The family of a Pinellas County crewmember who died during a boat tour filed a massive lawsuit against the captain, the owner and the company that chartered the vessel.
The lawsuit filed by the family of 27-year-old Andrew Dillman in U.S. District Court in Tampa seeks $110 million for Dillman’s wrongful death.
The complaint points out that March 14, 2017 was a day a small craft advisory was posted.
Nonetheless, Captain Todd Davis allowed passengers aboard the 70 foot recreational boat “Jaguar” to go swimming despite rough seas, a strong current and heavy wind in Pass-a-Grille Pass.
The litigation states Davis served as captain with the proper and necessary U.S. Coast Guard license and training to command the Jaguar with 15 paying passengers aboard.
One of the passengers, Jie Luo, one of 15 Chinese college students on spring break, got into trouble in the water.
Andrew Dillman jumped in to save Luo.
Both were swept away and died.
The lawsuit contends defendants Todd Davis, Patrick Dines and Larae Leeson, who provide yacht charters by using vessels owned by 3rd parties and Azure Ocean Escapes, LLC. and operator Edward Zawacki, were negligent and disregarded federal statute covering passenger safety.
The complain alleges the defendants allowed passengers to swim without life jackets and/or safety lines, failed to conduct immediate and proper search methods to track and locate Dillman and Luo, and failed to immediately notify the Coast Guard.
An 8 On Your Side investigation found weeks earlier the Coast Guard was warned about illegal charters in Tampa Bay area waters and specifically warned about the Jaguar.
Attorney Jake Munch, representing the Dillman family, said the Boating Safety Act is nothing new.
“Rules are in place for reasons. Training is in place for reasons. This is all about passenger safety,” Munch explained.
He points out that Andrew Dillman’s mother, Eileene, wants to get the boating industry’s attention and prevent another such incident.
“This fella’s mom is intent on trying to change things,” Munch said.
Attorney Munch believes some charter companies are making a conscious effort to get around the law.
“It took the deaths of two young men to get the Coast Guard in gear,” Munch added.
If you know of something that should be investigated, call our 8 On Your Side Helpline at 1-800-338-0808. Contact Steve Andrews at sandrews@wfla.com.