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The plaintiff also claimed that Ramsey did not provide safety instructions or demonstrations, and did not tell passengers where to sit on the vessel. He allegedly failed to warn them about the danger of sitting on the bow/front of the vessel while underway.

During the voyage, Kokot was seated in the bow of the charter boat. Ramsey allegedly operated M/V Clickbait at a speed that was unsafe.

Plaintiff Kokot sustained life-altering injuries, needed spinal fusion surgery

Ramsey allegedly increased speed and maneuvered the charter boat “headlong into a large wave, which sent plaintiff Kokot hurdling into the air and then slamming violently into the hull of the Clickbait,” according to the lawsuit.

Witnesses including her sister Kim Kelchner “yelled out in distress after watching her sister be thrown violently into the air. Plaintiff Kokot was crying and screaming in pain and yelled out that her back was broken” and then she started to “pass out repeatedly from the pain and injuries,” the lawsuit further stated.

Snyder noted that the plaintiff passed out 3-4 times before the vessel reached the shore. Captain Ramsey allegedly did not provide any assistance to Plaintiff Kokot after she was injured. In fact, the captain of M/V Poseidon was the one who called 9-1-1.

According to the lawsuit, “As [the] owner of the vessel, Chase Herro is explicitly responsible for any damages stemming from negligent operation of that vessel pursuant to 25 V.I.C. § 25/302. As the master and operator of the vessel at the time of the incident, Defendant Ramsey is liable to Plaintiff for his negligence pursuant to 46 U.S.C. § 30103. Defendant Ramsey had a duty to operate the vessel in a safe manner and to conduct the overall trip in a manner that ensured the safety of [the] Plaintiff and the rest of the passengers.”

Moreover, Ramsey, on behalf of himself and Wharfside Watersports, operated the vessel in a negligent manner, including, but not limited to operating the vessel at a rate of speed in excess which was safe for the water conditions, and failing to keep an adequate watch for high seas,” the lawsuit stated.

As a result of the defendants’ collective negligence, Kokot “suffered severe and life-altering injuries, including, but not limited to, a burst fracture of her L-4 vertebrae necessitating spinal fusion surgery.” She is now living in constant pain due to her injuries, need medical treatment and intervention or the foreseeable future. She believes that the defendants are liable for all of her sufferings.

Plaintiff's prayer for compensatory damages and relief

The plaintiff requested the court to issue a warrant of arrest of the M/V Clickbait pursuant to the Supplementary Admiralty Rule C and enter a judgment in rem against the charter boat and award its full value in her favor, and to award her court costs and other reasonable expenses incurred in connection with the case.