I. Facts:
1. In December , Mrs. Ls (age 55), accompanied by daughters He (age 28), Fh (age 34), Es and other family members departed Miami on the Cruise Ship Vr for a cruise which included the Cayman Islands.
2. After departing port the ship’s staff hosted an excursion scheduling and safety presentation. Passe...
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Category Archives: Water sports
Recent Trial Appearances- 2012
David S. Smith, Ph.D
Commander, USCG (RET)
Trial Appearances- 2012
Mervilde, John W:Meils Thompson Dietz & Berish
Two Market Square Center, Suite 830
Indianapolis, IN 46204
Re: Phifer v. Smith(child drowning in camp pool) Tried Jan ‘12, ...
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Tubing accident case
I. Facts:
1. At approximately 7 PM on June 24, on Beye Lake, a collision occurred between a 23.5 foot, 2004 model Rinker Captiva motor boat and a tube/tuber being pulled by an 18.5 foot, 1993 Marada motor boat. The Captiva was being operated by Ht; the Marada by Hg. Ms. Rn, being towed behind the Marada was injured in ...
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Boat collision reconstruction
This is a somewhat typical boat collision reconstruction case which went to trial resulting in a plaintiff verdict. As with several other cases, I constructed scale models of the vessels involved for use at deposition and in court. This case also required the use of a scale figure of the operator of the jon boat to indi...
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Lifeguarding negligence case
In this case the lifeguards are clearly negligent in not properly observing the pool and not responding to requests for assistance from the patrons.
I. Facts:
1. On 11/19, at approximately 1030 PM, 15 year old As died from drowning in the pool at Central Church.
2. As was a participant in an outing sponsored by Ce ...
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Low head dam case
This is a case involving a water craft crossing over a low head dam.
I. Facts:
1. At approximately 1530 hours on April 27, a 14’ Cub Aluminum, John type rowboat carrying three occupants, Wk, Dh and Rh was carried over the crest of a low head dam at mile 271, Lg River, near the town of Se. The boat capsized in the ...
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PWC collision case
This is a typical report concerning a PWC on PWC collision:
I. Facts:
1. At 12:20 PM on Saturday August 31, two personal water craft (PWC’s) collided on Lake Wawasee, Kosciusko County. The operator of the 2002 Bombardier Sea-Doo which was struck was Db. The operator of the striking 2001 Bombardier Sea-Do...
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