A court date has been set for the former captain and crew of the 67.5-metre Icon superyacht Loon, who are embroiled in a legal dispute following an injurious tender crash in St Barths (24 December).
Earlier this month, Captain Paul Clarke filed to dismiss the negligence complaint raised against him by his two former crew members, who claimed that he had "abandoned the helm" of the superyacht's tender following a celebratory Christmas lunch at Gypsea Beach Club, causing injury to six of the 11 American nationals on board.
Clarke's 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 initial court documents, obtained by BOAT International, describe how 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 one of the plaintiffs – Natalia Niznik – to be ejected from the vessel, landing on the rocks and sustaining injuries to her face, leg and jaw. The other plaintiff, Klara 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.
As a result, 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".
Clarke's 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.
It also raised that any business ventures conducted by Clarke in Broward County were done so through a corporate entity, meaning Clarke would still be protected from "the personal jurisdiction of a Florida Court" by the Corporate Shield Doctrine. 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 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.