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.
In addition, Kokot asked the court to declare that she has a valid and existing maritime lien on the charter boat and issue an order that the U.S. Marshal sell M/V Clickbait to pay and satisfy the judgment in full.
Furthermore, the plaintiff claimed that the actions and inactions of Wharfside Watersports Chase Herro and Michael Ramsey constituted negligence. The company allegedly failed to provide a safe vessel excursion; failed to ensure that the vessel/operator held proper liability insurance; allowed an excursion during unsafe conditions; failing to ensure that the passengers were aware of all foreseeable risks, failed to comply with local and federal statutory regulations, and many other failures.
