A third crew member has joined the negligence complaint filed against the former captain of Loon following an injurious tender crash in St Barths (24 December). According to the new filing, Austin Scaccianoce – Loon's videographer and co-worker of original Plaintiffs Natalia Niznik and Klara Holubova – was on board and "similarly injured" at the time of the crash.
Court documents obtained by BOAT International describe how the force of the collision resulted in Scaccinoce sustaining injuries to his hips, with further injuries to his legs and feet – including a fracture – caused by "rescu[ing]" Niznik, who had been thrown overboard.
The latest filing emphasised the importance of intervention – as, if the trial were to proceed without him, Scaccianoce would "lose his opportunity of recovery for his injuries". He entreated the Court to "allow him to intervene in this action", while also requesting any further relief it deemed "just and proper".
The initial court documents (filed 19 March) describe how Captain Paul Clarke – cited as the "operator" of the tender Reel Time – left the helm during the crew's return to Loon, leaving the vessel "to continue forward in total darkness" at a cruising speed of between 48 and 51 miles per hour.
The tender then collided with a peninsula of rocks, causing Niznik to be ejected from the vessel, landing on the rocks and sustaining injuries to her face, leg and jaw. The other Plaintiff, Holubova, remained on the tender but still sustained injuries to her knee, leg and ear. The pair each received initial care at a local hospital, though Niznik was later flown to Broward County, where she began treatment for her more serious injuries. Holubova returned to the Czech Republic for further care.
Niznik and Holubova are pursuing damages in excess of $100,000, citing the expense of hospitalisation, medical expenses, nursing care and treatment, loss of earnings, impairment of earning capacity and working ability, as well as "mental and psychological trauma".
In May, Clarke moved to dismiss the negligence complaint raised against him. The filing, which is now scheduled to be heard on 10 July in Broward County, Florida, asserts that the complaint is "legally insufficient" as the County has no jurisdiction over the former captain. The motion to dismiss argued that the basis of the complaint, which alleges that he "owned, used or possessed property [and] was domiciled" in Broward County, is "demonstrably untrue".
"The Defendant is a United Kingdom citizen residing in Australia [...] and has only visited the State of Florida for personal reasons or to receive the mandatory educational training for his job," the filing read, adding that the "burden" of defending litigation in Florida would be too high on Clarke.
As such, Clarke has "respectfully request[ed]" that the Court dismiss the complaint.
This follows the recent news that brokerage firm IYC had selected Captain Michael James as Loon's new rotational captain, as the Icon superyacht continues her charter programme across Croatia. James has previous experience on board the 63.5-metre Benetti superyacht Moca, Feadship's 57.5-metre Halo and the 51.8-metre Oceanco yacht Joy.
Loon is one of the most recognisable superyachts on the social media scene, though all her accounts – including Instagram and YouTube – have become private since the incident occurred.
BOAT International will update the story as it develops.