The former captain of the 67.5-metre Icon superyacht Loon, Paul Clarke, has filed to dismiss the negligence complaint raised against him by two former crew members following a tender crash in St Barths (24 December). The filing asserts that the complaint is "legally insufficient" as Broward County, Florida has no jurisdiction over Clarke.
The initial court documents, obtained by BOAT International, describe how Clarke (cited as the "operator" of the tender Reel Time) "abandoned the helm" during the crew's return from a celebratory Christmas lunch at Gypsea Beach Club, 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, injuring six of the 11 American nationals on board.
The force of the collision caused 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, Florida, 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 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.