A I mum or mm SEVENTEENTH JUDICIAL AND PRISQILLA G. GRATTON, ag Eersonal Ramps .. tmtive ofthe Estate of Joseph B. Eratton, Deceased, Pli`, init.; II-lan. wal DONALDQEPETRILLO, BRIAN HQFQ ?Dd GAT PRODUGFIONS, INC, - Mil'! E- Rlalntii B;iscjT|a S. Gratton, as Personal Repfesenmivh cf the E?t?te of J6d!ph B. Gratten, Deccasedl sues Duelldatlts, Dollald DiPetrillo, Brian Haq`, John and S_upg;? . Boat Iflternatiozlhl Incrarltl alleges: I PRELIMINARY I 1. 'I'his'is an action for damages which exceed Q. This discs 'Woqr" Gratten, which, occurred on Eoycgher 11, 201] due tb thelwrongful cdhdimlofthe second df three races id the "Super Bbat International 31st Annual Kq West U3 (the "Event"]. 3. Ht the ttmeofhfs deagha Mr. lrattog, SH. ngesident Couniig Eloriuh, was in the Event as a throttlecman for the "Page Motorsport? entry, o.vertumeffh?N??r?b?t ih EQ1.1 race. I - in I I - A- . 29, Messier. Gregori ami Page were sonsqipus ind uninjured in the aec?dent;heweve1?, they were suspended upside down, restrained in their seats hy the harness syslerpsg and time unqble to Ese@e the enolosed fmnfediatlly on'th!if own. BU. A rescue with two purported Angds bn beard arrived bi! sdbne within se?6nd.| of the accident, and Def dants learned immediatelrthat Messrs. Gratten and {Page had qotrexlted the 31. Pursuant to naccepted indusfry standards apd peeqhes, Ipefendante shdlild have 'llnnibliately deployed iheAngE1s Hom tlfe th?y Ihexdllaably fliled tb do so. 35. Instead, Defendarlfs vplfed for morenthan Two- fnimites as bodi volunteer di?E swam the peagby rescue boat to the oyertureed,Page vessel qnci ilib submerged WlTl!1shi!ld. I. In tile rrteantime. Ma. Pqge marfaged to fre! himself, and tlIbn'trie!i tb fit! Mn Bratton, wa; desperately to release his own restraints lgfore eghausling his erii?gency air supply and the cockp'i! filled wid! water. 34. Haying fsfild Ie bee Gratfbm M1-. Pgge {Hen ppened the emergehq es?a'pe hath without any assistance from Defendants, and exited the ncoclcpit to seek the rhelp slpuld have been there mdtnents eailrliea 35. Signjficaritlly, the escape hatch was poi stuqi or in any wig; mthes, it propefly and opened e&51rju?t as it wasdesigned to do. 36. when Me kgs- exited the coeRpi,t nearly three after {he accident} pioreqgeg, it hed, got yet filled wifi weterg and Me Grafton was sfill censeiehs and fighting tb free himself from his harnesses. *7 -I Oli! -- .. 4 17. Meanwhile, Defendaq1s' response was so slow and defective that neither tha yolupteer dlvers nor the Angels tau rdachld Mr. Pge liy'the tifrlb Ile eiheTg!d film the cockpit b?gifgjfor someone to help him free Mr. Gratten. I 38. furthermore, aldiough the escape hatdh was Wide !>pen?When They Enalwrarfivqd nearly four minutes alter the actldexlt, Defendants still not direc] to take charge efllfe qpgralgp, D. Instead, jmowing that tifh! was of'the dssenael Defmdants a1lowe? the lt tfallgh way toward the escape hatch operqpg, Qowing they wer?| sewefly unqualified, and lacked the necessary knowledg'b?, frainhg, akills and experiense tp Grattorh life, 40. With each passing second the boa'! tools on more bagan to sink, Bow up. Defendants exalerbated thatlimeasingly daugdraya situation lgfrefusing to stop the race. 41. Eventually, becgsg of Defendants* .patentl_y defective and deiient safety and rescpe pall'gl'esa practaces and procedure?, myriad failurel, ineitcusable delays, and breaches of statutory and common law ?legal?dutiesg the filled with water, ani the [pw ganlc several more feel, ultimately forcing the qsgape|hatch closed, and Grattonninsiile. 42. By the time Defendants, did/of their authorized agents, servants, antifor ediplcyaes, Egured dut how tg reolpen the escape hatch, it was too late - Mr. G1?att5n had depleted his backup thus needlessly drownedwo death. 43. the foregoing, there vgagnpothilig unique abggt the accilient, or {he situation enoqpntefed by Defendants, Qu tha conurag, this shpidd have been a foutine, . rescge had jefendants merely followed standard industry practib?s, proaedutd, and protocqls, and orwn rules. I AI 'l0?I7 4'4. Indeed, unller the circumstances those pracdces cdetited th?t.DEfeT1da5t? orde1?ths? ;Er?f mad: ham. Tv d?pToy mass cockpit through 'Bw cscalk hatch. hnd. dltricate both occupants. 45. The rescue would Sucnessful even if IVE. Gnattoh hadnbedh entaalybd or stud; Ln hirneg because the Angels would have been with the right tools, iid addltional air to keep hTm.ali}e while they worked to solve any encountered.probl'em. DAMAGES 46. hs enum mq. proximate rem ei?the misconduct as herein megan, Defquhnts are liable unde; general maritime lag, as suppleipept?d by the projsipqs pf the Flbrida Death ict. tl the Plaintiff for all damages to which the oi'Jos@h B. Gratten, sruvivgus are entitled, including but not limited. to: a. Pre-death p8.'lII and 'sufferlng of 'Decedent, Joseph Gratten, under the law; b. Th; Estatpi df ne; aqzumulalions irqm the time pf death unli h'is death had he hved life egpectancy, the loss of perggpal l'n the of the deldhsed efther damaged, deslloydtl Ir lost as a resulf, ami Iacuzad bv of Qui of the dwused to th? Hot paih by sui?w7ix7or, and claims all damiges allowed under the general marihms-Lwas th?.A?e c. Priscilla IS. Gratten, as spouse, has ;q®l and is to IHOVH for lost Hf aild services, bonsoftinhil, and u1'ental_path MH suffering. and all arfeditdl and funelul Q. jh-! nw LVD claims Ell damages allowed under the general maritime law as sugplenlented bv the Act: d. Blake- and Brodie Qraliton, as the surilvihg adull have suffered harm, adtl are etltitled to i!:coVer damages for i support nd, seqpiqesit reduced to value, and claims all dlfnagls hlowed undbr the general rhiritirhe lain as supplemented by the Act. JURISDIGTION AND VENUE Turisciction is proper in this court bglmuse Deferitigml Etniasndtiat and the qf?Mre (kghon ocqnrell vvithii themavigable, territorial waters ofthis state. . 48. Vetluon-is proper in this court is-; residedj of Broward Fluftla. 49. Wl; cogparetl to the other two possible White!. Pastlo County hd !s'peciall'y' Hy West: this court also is the most converlient forumqfg; the vast df the 'partfes and material vdmesses; and best sEryes the interests ofjustice, as by, ggter alia, the following: a. Plaintiff and the other survivors under the Act |eside andLor work In the Manatee/Sarasota County ara, md cormections to Key West; E. Mr. Page and the Page Motorsports crewmembers reside itl or aroimd Lee Qouply, Florida nonvreside er have any connections to Key West; 0. Ric Boa! and relaled lqpafeh in Lee County, Florida, meaning, nanynand all inspections must take play; |here; I $15 All -7 -. - 5? IIKCBEEHEDFF lil ll d. Upon information and belief] the medical providers who attended to Gfatton after be WBS airlihea to Mfami, and ultimately proncTu5ced'his death: 5.pm dr?w?i?s.r??ida= w?rk ih areas e. Upgn information and belief; the Medical Examiners who performed the autdpf Mr. H1 the Dade/Bl'o'Wa1'd tea; fl Ulporyigfonnatiqrj aqgdbellef, rnost if not all members ni. the SBI.med!ca.l staff including the designafed responders, resid}: outside Eby Wests g. Upon and beliei] mos! ifnot all To time aqsidenf and botbhed resdhe, bil! not Tihlt?d to indilidhall onboard helicopters, appl medical ag transport boats mfereneetl abcwei reside outside Kt! West; h. U'po'n information and b?lieii Slills cksignatel Even? physician res1'des and works in the wa; "I'l1e participant/racers who will be called to hglinst Defendants as td the laushfetj and fesgpe procdlulps an'! protocols for'the Event '[eside outside LW 'Ncst; j. Key is vT1tu5lly per se incofzyenient for everyone but Mr. Ca'rbo'n?ll, 'becwase ?f its ih to Br?v@rdLP?d= Metro areas lre s?hved by intelnatibndl and hotels; k. exu'en1e1y'la@e numjder of pqjentill jurors in Ely West beneit Hom the decades long Event, and personally h'l0W 0; familiar with Carbonell, and the pmvvegful local sponsors whooa;e potential defendants ip this ease; I1 -, Lam. - COUIQT I <>fnAa??m?nt of Ralwn 50. P1aiilt!Ef'l'ba11eges paragraphs 1?4'9, above, as forth herllh. `5l. This Isbn action for rqsc!s?op Upon information and belief, pa-{cr to pamcipaaitg in me Exam, Dt Gratton signed mn apphtatidh fo become a 'tacfng member cf SBI, which may Have in'b1uHpd an Agreement of Release for Mernbership on the reverse sjde cogtaipjgg language to the follawingu OPIIHHBASE Folk mmylasmzsutr I, THE for myself, nly personal representatives, heirs, riyxt of n, successors anlltassigns, D0: HEREH RELEASE, AND s%1?nt%REslrN ALL ednahmm, ELECTED AND OIWICIALS. ALL MEMBERS OF CQMMITTHEB, ESSENTIAL LEND AND warm gigs, ems AND mums WHICH RENDER ESSENTIAL GRATIS, INCLUDING ALL OEFICERS, AGENIS EMILOYEES gv WORKERS IN gl] all erredto asm ??11?1aa or fof any atm all liability Ga Irlh, my personal ami. avsisna f<>r ?11 ?loss or darpage for dily m'ury, death or dam to gre ergog the undersigned which in at? way grows out ggeqr ;esoIF's SBIP race er time trial actitity or part therecti dun 1Ee actual Smctibn peiod afld whethq any such emit: may libniased alleged, aqtimc or passive negligence dhether eausl; by the iplease or othertyise, or participation !nbt?1e'wrong, or upqn any allepd aww. and. Law mt1E?u mv saw ann' SS releases ande ofthem from an-y oss, or cost they IHBY incur duento the presence ofthe Ht II: 31 I A?f OV [lt uppn the reshdlated ai'ea ol' 'in any way competing, observing, or workjx or any andwh ercausebythe Ui'thFe releases ot'other?rl?b. HEREBY ASSUME BESBONSIBIIJITY FOR AND RISK OF BODIHY INJURY DEAE QR ERM DAMAGE due to the negrigencq gf releases or ot on or 'hpon 'th! restricted area andfor while competing, oft`ioiating, obs?ving, or for or for- any ?.1rp'bse paitiuipatmg in the event, Ig THE AND THAT THE or ARE VERY DANGEROUS AND THE RISK OF IIROIERIY nahzn, THE er expressly agrees rw foregbing release, w5ver, and indemnity- agreement is intended nr?vit1?? ?r tlaistit qpndunat and tha! if portion, thereof ig he cl invali it and that the balance sm no ding, contmue orce ect. wviihsran - mir ml ar BY VOLUNTARILY AFFIXING MY BELOW I WARRANT '1iHATI,hgye and understand all of the fojegoipga [hg ugl_ugb1e TS (IR RIZMBERPHIP asgoodv dand adequatecons appliladon are true and thqreleases will rely on them and on all qw my comihitmellts in ent?fihg intona ontract Si. To the etzgtept tiqp napplcaflpn ever constitutedna valid contract by and `petween Joslph B- did the it is bdhabs! End Cht`U01!eIl bdueed lg. tg sign {he apggbation by lgnowipgly they would ppuide adequate protection to the participants, but limited to the following safety A, designated respnse han] consisting of foupfo six Angels; b. 5 leasttwo safety'helicopters, ent caqying tontwa to three Angels, tg eqsure a minimum emergency fir?t response time ojino nqgre than 9.0--3tI seeods anywhere 1I UM llminimum of oxih support teen! adhsisting of at lelst two certiidtl rescue divers on a dedicated, clearly marked rescue boat at every tum on the designated ra?ecdurse, especially Tlun 1, WH0 Hin: been u?'aTrEd by the Angels, and who arenfamillar with the safetyjeatures of each race boa); d. Suiciept medical, rescue and procedures and protocols to dedl with Gvertuhred race Hbatq e. Rroper management of the medical, safety and rescue personnel to deal tWe?hTn5d 5c1o'?ed euclcpit race Boats-, I. The puppet; pegqppel, necessary for the satisfactory execudon of their medical, resdhe ?a!l'd safe? duties and responsibilities evertuqtbd g. Eoqrdination and Erection of the volunteers and the medical, rescue and safety personnel during the Egan} to ensure Tha! all SBI safety, medical add rescue ww m?t to in ?v?atum?<1 race boats; h. Properly trained.ar!!i instructed 'tirst responders. on the proper industry staidards, protocols and procedures, for the rescue of participants in overturned, enclosed cockpituace boats; T- .A?af? ucv wi?cr I Adequate- communications systems to assure the safety and timely rescue of p??'?ioip?nt?; le Timely of personnel and to execute I 14 ialzl-.1m.. *15 rg ism repcpo of any participant cqmpeting ipa canopied race'boat; 14 Defend&tsld16i1i1iEURly concealed numeronfs material faeics from Joseph B. Grattori and Blaintlf, jnqlugling but To that they failed to- proiclp adequate protectiqp Tp fbi participants in the Event, including Tosqzh B. Gdtton, as folloW?: a. Failtrg to follow tim standard imdustg] safety and rescue praoeclures and protoco1s,.as descrihed shove; b. Failing to- ?disi"egard their own dangerous, Enhm pplides as Eu Failing to develbp, implemehi H1d'@@e HEHE: safet] plans. lg preceding to deal with overturned enclosed race boats; d. Failing to- designate a team ??t?Egli1y tfainid, experienced, properly chuipped, professional, cqitieci divers who are inti1??gtel,y familiar vqith {he emepgenqy safety and escape features of eachgace boat. as primary rescuers or Elst responders; e. Railing to praville 'gsoper m@gpment pf the medical. safety and rescue personnel to deal with cwerturned enclosed cockpit race boats; tI Fahing io assemble the support personnel necessary for the ezgecution of their rgedibal, rescue qd safety duties and responsil>lities coild'el!l boats] gu Failing to- with and dirdlt the volunteers and the memcal, rescue and Baiey personnel dining the Event to ensure that all safety, medical and rescue requirements were met with respect to paiicipants in otr?rturned 5 Enclosed boais} LI mn-I lpela an IK7 is li. Failing to psoyide a support team of less two certiied sive-e eresenea on fnarked rescue beer in Turn 1,.who had been tra[ped'by the [angels, and who ww familiar with the emggency safety I featiiles ofthe s'l'1b_fect| I. Baihng to train and instruct its I1e In pibper industry standards, protocols and the rescue df participants in enclosed, coekihfaci ho'aEs5 j. Failing to design Turn 1 in standards mills! mety, khowmg that thlir d?igh was inherentln and unreasonably Qlangerous, and commonl-y led to race bog ovestumingg k. Railing to have any cemiunicitlons systems in place to assure the safety of thrir is. ther to h?v? any we ?f??isn?1i?s vv system so- that emergency personnel he hrnediately adyjsed qfthe need 1. Fai,Eng to gep]oy'the personnel equipment to execut! a ?uccessful rescue of Joseph gs. dxeaep, that with each ?seqpnd death hy drowning became increasingly !ne?1TaFle, i.e. Defendants, Dilletnillo and Haff, the fatal orders of Deiigillgn; I 'watlhed their Imsltillecl, ilhtrained, and ineacperienced Erst responders bore]; the rescue efort before taking amy m. Railing to warn partic1:pants tg they would notbe utilizing skilled. txahtd. an? siafety and rescue pemonnel as first responrlers In the event of an aseidentg i 8 .l1n?l QI II I1. Failing tc wam palicipants would be using 'lmutmed, dhqi inexperienced people to acfalfirst responderdirfthe evgit ol. aggocident. 95, Defendants failed In dEo1ose these misrepreseritatiens to Mr. Gratton or Plai1i'E`f. 56. Pldniitf IS ??ti?1ed t? ?f because Mr. Gratton never haie signed the application but for the fraudulent of Defendants. 57. no adequate remedy at law. lilaintiffqhas no copy of any sulh agreement to atiach te this pleading, howey?, Defendants contend that'Mg Gratton did sign onehhqine this count. WHEKEFOIE, Blaifltiif Priscilla S. Gratten, as Perscnal cf the Estate! df Ioseph B. Gratten, Qeceased`, prays for an order reseiliiding the Agreement of Release for Mem'be!sHip, awarding costs, and such other and further r&ef as the Court deems just, pr?per* and eqglable, and demands trial by jury of all issues triabl; as of jm?y| COUNT II (Negligence per se 59- Plai1ltiH:` rdalleghs p@raphs - 49. as though full! set forth herelfl. GU. Ai all t!mes ngergl, constituted a gonsor of the Event according to the plain meaning of that tent, and iherefore, had a duty and r?sponsibility to provide adequate, Gnration. to Section ?7o48, Fla. Stat. (201T). 61. Start lm' il applicable under the cifcbillstahces because it does contliht substantive admiralty law or any remedy pequliae to admiralty jutisdibtiotl, dd'es.not . the of adgakr law cg the jurisdiction ofthe ggimhaity tourt, and works no t0'tl1IIl'181`Ttl1I18 lam I7 saturn.; Tuw>>y 62t failed tl prhide adequate protection to die participants In the Event, indludipg Josqln B. Gratten, thus its statutory duEes a'nd fesiacfisibilities. fdildlhineluded b1i't'Wh?not1iihited to one onmore ofthe a. Failing to f0l'1mHhe standard industtyusafety End procedures and protocols, as described gbgve; b. Failing to 1lr'sr'eg?rd their mm! extremely dan_gerous, contrary policies as descmibed alovq E. Failing to develop. implement, and manage rpedjcal, gescue and plans, protocols to deal'with cockpit boatl; d. Failing to designate a team of highly trained, experienced, properly dluippepl, he certified, respue divers who afe intimately familiar with the emergency safety and escape features of egg]; race bod, qs prfmagr rescuers or first e. Failing to provide proper management oi" tlle medidal, sifety and rescue personnel to deal with overturned enclosed cocltpitrhe boats] tl Failing to assem'5l'e? the support personnel necessary for the executlbn of their wqre and safety duties and responsibilities condefllilij oV'ertd!hed enclosed cockpit race boats; g. Failing to coordirqte with and direct the vdlritltdefsnafltl the Medical, rescue and safety personnel the Eventtp ensure thataall SBI safetgl medical and rescue Fequirements were met with respect to partlpigag in overturned erqzlosed eqgkpitnaqe Boats; lr. Failing Tg proyjde consisting of at least two rescue JJ ..- -- divas stationed, on a |led1'cated, clearly marked rescue boat in 'Ium 1. who had been trdned by the Angels; and wqe &mLlim? with thvernergehqy safety feature! df tlre subject; designated proper I industry standards, protocols and procedures, fo; the rescue of participants iq enclosed qmkpit race hodsg j. Falling to design 'Iiqrn 1 In with the nidustry slartdaitts fcn- Iomse safety, hdwillg that their design was inherently and unreasonably dangerous, and commonly led to race boats ln. Failiitg io have any eominunicatioiariystems in Jlace to?assure the safety their they falfnd to have ??1rTyp? cf siemltha dcviw 5 that personnel could be immediaiely qdtgiqpd of {bp need Il. Failingto titrnely deploy Qc and equipment necessary tb Ekesuta a sT1ceessful rescue of Dpcedent, Joseph B. Gratton, that with each passing sgeond death by drowning becizfte increasingly inevitable, i.e' Defendants, Dilletrillo and Hafi the hlal orgl? of Defendant Cafbonell, watched tlteif unskilled, untrained, and inexperienced first responders botch the rescue any actioq m. Failing to waii parttaparits that they wouid not (rind, medieal, safety and rescue personnel as Erst responders in the eveqrsraipaeeiqpng I - hijnil I I1. Failing to tHat'tl!y'wd'I1ld be using ulislcilled, inexperigzed peopie 'fo act as iirst respopdeugln the eventlof an accident. G3. Decedent, Joseph B. ofthe eiass ofpersons?the prqnisions of Session E7-481 Stat- were lnteusled fn protect. and his was The nf death {hat these provisions were designed te prevent. GA- diolatish sf Section 5].48, Fla. Stat. @2011) negligence per se. Hs such, any release gr waiyea purporting to SBI gdor its sponsors, authorized mpressmaTwss; agenteg sewing and/Br employees, including Belnetrbeing lifnitqi to D=f?nda?ts. -D?nal.d Brine Inff. ned lqln. Garbenqll. from liahilhv for ?f plsidve statutory du? tl protect the of the Jdseph B. Gratten, ia contrary to and ungrfoaceabje. G5. As ?a direct, proximate, and foreseeable result of SBi's viellation of .Seeti!n 3W.48g,Fla. Ktat. B. Grdbon, suffered ah sloiv and painftil, by droyvniflg. Plaintiff, Priscilla I. Grattbn, ls Personal Representative of the Estate df bsehh B. Ghttoq, D?eeasell, this ah awqi qf damageshd and such ettfer amd furthe; relief as the Court deems just, proper, and equitable, and trial jury of I1 issuesgiable as of righi bfa fury| (Guess SBI) 66. P1e'mti'i'f realleges paragraphs I - 49, above,,as thouge iixlly sd 5*1. At. nil Innes mntedal. Bupnr Boat Idfemanqnal Inn- wed duty Tn all of ibn p?dio!p??Ts. P- Gratten. te rnaapnalde Yarn under the ekeumstanees. I . . I. .. - A 58. In ihege circumstances, rmder reasonable- care, duty to Jbseph Bl included but'vHs liinitdl to, one of more of tlfe 4. Prgvide a designated first response team consisting Angels; b. Provide at least safefj h'EURlicopters, each cairirlg to Io three Angels, To minhnw first ?f no marc than 20-30 second; on the rdzecourseg I. illiilirilrlm nf one suppbri learn consisting of qt least two certmeq rescue divers statloned on a dedicated, clearly marked rescue 'bdat Et turn en the designated racecourse, espgiqlly Turn 1, who hage been tgpined br the Angels, and Map are famlliar with the emergency safety bf eadh race boat; d. Develop, linplement, and manage mgdicaj, rescue and safety plans, procedures and protocols to deal with overturned enclosed boalsg e. Provlde?prT>pef lnanageinentwf the medical, safety and rescue pgvaqpnel tg, dsa! with =n?1?a?d ii Assemlile the support pjertormel nec?safy for 'th! satisfactoly exemltib!1 of theft ln?didhl, rescue arfd safety duties and responsibilities concerning gvegturgred enclosed coclcpit race boats; g. C5ofdi1Tafe with and the volunlpers and the medical, rqgzuc and ;g?zw personnel lludng th; Egg} tp ensurenthaf all SBI safety, medical and requirements wenenmet With IGPOGT to participants in erihlosdl cockpit lac! bdats; I h. Train ?alltl fhsfiutt its deslgnatd Erst responders am the proper lndustry I - n_ A . A11w?erss8g?xllwEarss . 2 ti ll KNEE AT|we?ss, Ceqtpl Minhael Petugsb Fg{She aggT1nila??z?ansmittaZ vedvgte Www! qr an not the than you ereby rwt?fied?Iha; any dissemination, qppgign if notyjw an return tr1;0rig?nal message to us dl dz! Serdce. Thankyouk suounu PROBLEMS WITI THB OF PLEASE JENNIFER AT @27) I 8 3 di 09!4! AI HU7 i g, - A4., 1 as IN THE CIRGUIT COURT OF THE SEVENTEENTH JUDICIAL CIRGGIT IN AND FOR BRQWARD COIINTX, FLORIDA . PRISGIQLA EUR. Perional Represeritativuoilthe Estate df Joseph B. Giitoh, Deceased, Faialit CAIIHID.: I4 is DONALD BREW SUP BOAT ATIONAL PRODUCTIONS. INC-. Deimdantq; Ii ii`! ., A ul] Piaintifi Priscilla G. Gratton, as PeT?on?1 Riprcsentative of the Estate of Ioqpph B, Grafon, Depeased, sues Deferfdanb, Donald DiP'etH11o, Bda;1 Hail`, Jdin Cmgbongll, and .. 1. This TB an addbn for damages 'Whidh e!c!bd $15.000.00. 2. guiges hong the needIgss death of Joseph B. "1oey" Gratten, which occurred 11, due io the conduct oTThq Defendants du1ing?th?? (TIIP 3. At the time cut'h!s delth, Mr. Giatton, SQ, 11 resident df Manatee Coihty, Florida, was pardcipatmg in the Event as throttleman the Mmmporw cmg, which ovdtumdi attempti'hg't6 rounli Turn 1 Iaftiie designated face course. I it 4. As a ditelt Emi jrhximate resultaof tl!eii' mfsedhtludtn Defendants ara. liable gs the Plaintiff for all damages to which Gratton's estate, and his surviwJrs*and7or beneficiaries are entitled by law. RHRTIES Founded by John Clmboneli in MQ Hpfimdant, Sifpicr Boat International Productions; Inc. is a Florida which in sanciiened, spggoied, pi-oduped, managed, and a series of offshore powerboat racing events in Br@?d, . Dade, Monroe, Pinellas, and Samsbta Clilnties, menus, Michigan, and New Ydrk. 6. gidhr is sponsor; authoniized regresentatiwcs, agents, servants, and/or employees, including but net being limiied Defendants; Brian and John Carbon?ll, aanctibned, produced, and the Event. Upon information and Belief, Defendant, Donald DiPEURtrillc. is rdsideufh df Broward Florida, and served as one of designated Medidhl for the Event. 8. Upon infomation and ia?lief Defendant, Brian HaffQ is a resident oi Paseo ilowiti Elida, iid s?red as seconcuqsignated Medical fq the 9. According tg SBI's nulesnand regulations, as Medical Directors both'Defendants DYPetrillo and for the following ofthe Eveifla and ganaging nimiical. rescue aid safety plans, procedures an?protocols; b. Reduction eiirisik thfbugheui all Espect; oh'acing: land, SCH., and sig lp c. Managing all psrsunndmanqsaxy Ear the cf . 09 me H1 M7 I S- their respolrsibilitiesg e. Coordinating with and directing. lhe local volunteers, as well as the local is medical, resTGuE and safety gprsormel dming the Eyent to insure that all SBI and rescue asc msu tI Reporting any and all safety Violationsnimmediately to?Defendant, ('?fb'Uhe11'? g. Mwritter; report on vidthtioils or adhidedts withh tire (S) days fogowing iIhe*Everrt. I0. Defendant, John Catlfonell, is Exe ownerq and president of SBI, and personally ropegated., managed, participated :11, and clairped to be- the aqthg?ty concerning all n'l5.tErial a@ects 'bf the Event, includmg but not to those which fdil the dftho Medical Djketrillo alleged rgbove, 1.1. Priscilla S. Gratton, Gratton's spouse, and their twin sons, Brdick and Blake, are srfvivrs lmd?rtlit; Floflda Death Act, Chapter 768; F],0rBq, @qI,es (th: mu the moral maritfmc law- Mrs- Grraftombas-been. nr Wi1!b? duly and appdinted as Personal iepresentatitre othe Estate df Joseph B. Gratton, deceased, and seuhs in Such shpacity at thi! time, THE BOAT 12 Page wdha twin engine, 38* Marine "S1rEte!*" oatamalad it 13. In accordance with industry starrdards and SHI rules, it was eqtirpped with an eridlosed, reinforced tesdaineil lciylqit served as a,protecti?e eorrtainllent area for the onboard anew, Mr. and driwgpr Stqye Page qf,Lep Curing Florida, who were strapped, into-their acer the wt 5 - L4. Undel: dbmidl coil!lit!dh? dtewnlelnberh ter the cockpit thfbugh a hatch lbcatetl Uh the roof bf the 15. An escape hatch located in the floor elf the cockpit, which was mar'ked ufl the Gndeibelly of the bpal served as an ergpergenpy ease the bqaf ovgrtuqgd, Antb 1N15'Us;1ty 16. At.al1 time? Defehdaflts kT1EURw?&1at Exelosed UBHOTIY catamaran race bqats commonly qvertum dprigg gozppeitdon, aqd that qpevvgiemberg gely upon SBI personnel to rescue them immediately if fofhn} 1'Ua?dh?thqr cadllot ch At all times material, Defendants knew it was fpregeeablethat a pace boat coxild and would overturn inTum ofthe Eventticecbufse. B. In fact the "M0!1gy Crew" my bq; oyqrturned In Tim! gluring the race of tb; Evegt on Wedqesdap November Qm. I. All tlhues hratbrh, knew that Safety and tesage practid!s required them to ptovlde the fa11a'wing'fo1'the Eventl a, A. dgs!gnated response team consisthg. of fom: to sb: highly traiied, . ?xperieireed, ,properl$r equipied., eerEiied rescue Evefk who are iilfimaily familiar with the ergegpy safety and escape of each mee boat lindwn, and thefetlrl, hereinafter referred 'En dS to ensure. tHe Safe. successful grtniqation of ary racer who may be injures], trapped, or otherwise unable to extricate him or herself from an overturfted raceboat; 4 iu-m. ng em b. At least egsh cmuyliig td wl to tHI'be Ang!1s, to- Gnhq. a minimum emergency first response time ofono more than 20-10 seconds the Went o'f ah aqident anywhere on the inc?course; 3T1d, c. A minimum of one euppogt team coesiglng pf eg Least tyvq, cerlifled igeseqe d!vH! on a dedicated, clearly marked rescue boat at every turn on the desfgnated aacecourse, who have been tfairibd ly'the Angels, dIId'Wl1b are fam!liar with the emergency safety features of each race boat, who. are and expedehgci enough gp Aiigels during a reecue. 20. it all times material, Defendants also knevrthat there was an extremely rislc crevgmenih,er's who were unable tg eilfricate 'tlgemselyes from.an overturned racp b5at woufj drown to death ifthey failed to implement and fcmow the prqefieeg age, p;qpeglu;es set Erthig pEta?Ep!I IQ, above- 21. In fact, the "B}g Marine"1@c Utlat dver during the iirstide of the Event on Wednesday, November and the crewrnempegs dgawned to death, in part., because Defendants tb implement and follow the practices and procedures set forth ih ITISREGLRD b1? DHDUETRY STANDARDS BB. Ikibekiownst Io the participants, hqueyerg including Messrs-. Gratibh and Page, SBI had instituted a policy devised by &rb0ne11, vqhich two uetraiged, Thexpefieiihed, ahd Ill-eqmpped volunteers deployed oh a nearby boat, to serve as first responders to any accident which might aacur'in Tum I. Upon Informttidlhand belief] Defdhdant John Garbqnell deuised the policy as aacost savlng measure. G.: H4 NI 23. SBI had instituted a pofiqr d%ed by lhich prevented ity rescue personnel, incluchng those volunteers, from _conducting pre-race safety inspections to familiarize with the enclosed, restrained Eystefn, Ed related eiefgeucy safelr and escape feiirgg of the hrdivfdgal we boafs. Upon irifogiatigu aqdnbefief, Gqbone]:1 devised this polcy in the'bEUR1ibf that it would limi1>>Defenda11t? potential fof liability ih else ME . or death atlated to a failure of'br1e of these. systems or feattpesl 2% QBI had instituted Perle; devised 'hy Sarbonell, which requireq boEt? not- irfuplved in an acoid:T1't to confmuo radng unabated, even ihhat me'a'nt driving olqserfo og through the scenp of ar?ac1ive rescue eff`01. 25. Rt M1 tihle!. material dxmifg the Event, SBI, me eaeh ihdivilhm Defendant, acting within course and scope of tgir .d'u'ti'es, the policies descrfined in paragraphs 22 24, ahove, knqwiig those poEo!es consdtuted an depaflufe from aoee?EURd indifsuj staudards?and pulbhceog an] reasonable qgre, and posed darngerpuspigl pqteutially fatal risk tp pqgticimnts. 26. Maldng matters even worse, Uefendantsmade ahd failed fo c11?e the oB1?ous? and dgfioienies In thei'; tho dmwnipg deaths of the Big "fhugdeircrew during the?November rzibe. v2]. ihehrvent consisted of three- days of racing -- N'ovember 9, T1, and 13. The- Page M51bf!poi'ts telrh ov?ftilmed While attemptinglto 1 of the designated raceclmse 011 the Etta] lapafthe Nowerriilet 11, !0`l1 race. 6 _rn.1un.oz nzauth . I., guiMessrs. Gratten and Page were conscious and uninjured In the accident; however, they were suspende3 lrpsidq down, qssuqined Ill their seats by The harness sisferns, and thus qgable to espape the ertclesed cockpit lpgpediatekr egthej; evggl 30. A rexue Ilelicbptel with two piqeited Angels on beard arrived bn slenb 1 seaoihs of the accident, and Defeqdants Pearifgd irnmecghtely that Messrs. Gaattomaiid Page had not exited the Putsuanl to accepted and practieeis, Therefore, Defendants, I have jgegecdately dqaloyed the Angels @0m the helicopter, but they Inexcusalaly failed to- da se. 32. Instead, Defendants waited for more than two. minutes as boil; volunteer divers siimn from the near'bf resciie beat fe the 6ve'dl1rn?l Page 'Mqtofsports vessel and stapedlhreugh the submerged qpekplf G. In the meantime, Mr. Page managed te free himself, and then trjed to fee Mr. 'Gratten, who was desperately te Ieleas! hlhown 1?estrHirfts bdfole exhadsting His emengenorair supply and thutuckpit Elled w_atg. 34. to free Min Gratten, Hr. Page thenwpened the ergency escape witheut any assisfanps iriln Defendants; and qxifefl the ceclgpit 'Io sedlc help wliisb should l]ave'been Ihere moments ealrlier. 35. Sig11EicH1tld', th! esaape hatlh was nat Stuck er ddrlagd in any wd]; ratlhl, it gid opened as it was designed to de. .. Bd When Mr. Page eiited the cockpi nearly three minutes after the accident, moreover, it had not yet ?filled water, and W. Gfatten was still conscious and figHiing to free lhmself Eom Es harnesses. 7 mn-M-ln mn an uw ',37. Defendants' 'tesponle. was (R) slow and defegtive that neither the 1oluntee1' dlvers nor the Angels had reached Mr. Page.by-the time he emerged from tHe sae desperately begging|t5r someone |o help him free Mr. Gratfon. 38. Furthegiore, me escape hatch was wfde open when They Enally arrived nq;ly faq; piinptes after thenaccfdent, Defefldallts still dill llifbci thelpurpmed Angels to take charge dftilb Qphatfln. 39. Instead, that time was ofthe essence, Defendants allowed the volunfee; divers to tmdge their way- toward the escaie hadzh opernng, they were severely unqualified, and Jack;-nd the gecessary knowledge, and th Save Mn; Gratton's life. 40. Vl[ith.gaeh. seeond the boat toolc on morewater and began to Einle, bqiy up. Defendants exacerbate!}. that fncreh!iF1?y dangerous siuatiofi Fynefusing to stop the rag;. Eventuallg beeausg- of Defend,apts' dgfecnve and dgight safety and . ami. mxriad fallarcs. i.n.?x?u?abl?= stqlutop and cqmmornlaw legal dudes. the cockpit filled with 'wat?r, and tliubbq several more feet, ultimately farting hahah closed. ami trapping Mr. A2. By the time Defendants, and/or their Eithdriied representa!i%s, agents, servants, and/or employees, figured Gut the qscage hatph, j; wa; {bo drape -- w. iralton had depleted iis hapkup air-supply and thus needlessly drowned to- death. 43, Notvithstanding the foregumg, thm: was Ththing 'tmiq'L1e about the aacidenta or the sitilitioh Etodlinterald by Defendants. On the contrary, this shpuld have been a routine, reset! had Defendants merely folfowed stagrd practices, proceddres, and protocols, rtges. I ifi!-aunq 44. Indeed, under the circumstances ihose practices chctated that Defendants ord?r the irs] Angels {earn tp deploy indrnedlalely, aqpess the through The psqape hatdlr, and both occupants. 45. Thearescue have bed! sdE!!B$fdl if Ml'. G1'Ettoh had been or stuck Tn his hdness llecausg. the Angels would have been equipped with the right cutting tooys, air to keel: him alive while they worked solve any encountered problem. DAMAGES 46. As a direct and proximate resdlt of mi eonduct as herein alleged, Defe'i1dant??a1'e liabl'q under- general mari=me law, as supplemented by the provision; ilhe Bloijda Vhondil Death Act, to the Plaintiff for all damages to which the Estate of Iosqph?B. Glattoh, dd mcltiilhg tau a, Pre-death pain and suffering Igf Degedgiti Jgseph B. Qratton, under the general maritime law; b. The Eslateis loss of net apuurdtilations the time of death und] dedtli had hc lined ??tm?1 the of annual in pokdssidil of the deoeased either damaged, destroyed or 1cEt as a result, and fuhedl enpenses Tnturred by reason pf ihe of the deoeasgd tg extent not paid by a survivor, and claims all damqes allowed under {he general marihme lqywas siqpplernenfed by the Act; Gettin. as and ii f? recover damages for nloss of support and consortium, Ma and affection, mental pm MH suffering, and all Tlledital add fukral add . Jill]- lim-! IME ll 11-*67 - . claims all damages udtler ttlafitlnfe law as supplemented by the Act; I. Blake and Brock Glalton, as the suiviing addlf children, have stiitered and are qggitled to- recover damages for future loss of guppqt and sg?\?ces, TeducH to jflsellt Value, and claims all damages allowed tmder th! general maaitzimelaw as sumlgmented ly the.Act. Jumsnr?rion auvvairw Jttisciigign is groper Ep' this court because a-md consequent Grattoh odcufr?l wilhin the navigable, teiritorial waters oi*this state. 98, Venue is proper in this Donald a xgsid?ht an of Broward County, Florida. 49. compared to the other Iwo possible Venhes, Pasco County and Key West, this gaurt is the convenient forunl for the vast majority of the {garties and material witnesses, and best serves the interests of Justice, as .slerng;r1straLtedby, Qnter alia, the following: under the Antrq?ftin Countyuarea, and have no cormectlonsnto I AS AN ASSOCIATION INCLUDING ALL ITS CORPORATE, ELECTED AND OFFICIALSL ALL COMMITTEIQS. REFEREES. INSPECTORSI, I G0 CH gssmurnu. inilmcram mn wmcu RENDER SERVICE GRATIS INCLUDIN ALL OFFICERS, AGENTS AND or pomp AND WOR Assrs IN ig sBr5m}1AcE hem mar teas, "Re1'eases" Emir ti- for any gud all liabilib-Fo me, my p=:fs0nal' representatives, jielgs, In. kin, successors and gssignsh al! IPS: mum death sr damage t? ww the undersigned `dh in any waygrows out of oi resujs from SBIP face or time tdal dvtilty or part thereof} during thenaetual S'anction 'period and Wheihernmy sulh Claim tnay be based upon alleged active or passive enegmhetlter canse by the t'e1ea? or ?r amt! fb: wma, upon my ?11=a?d. breac ofany ty as and aiklmp I0 yummy Ain HOLD SS the releases and eadb of them from any- loss, liability, damage or cost they 'fnay Ihcur due to the presence of the Ei . - undersigned, in or upon the restricted area or in an way competing, iating, obsqvingthe went and iw ne 'gence of crclieases or otherwise. (5 HEREBY Assumz FUEL FETR Ama BISK QF IIYJURY, OR PROPERTY tothp oro eqn or upon the restricted;} area and/or whiqgpacomp 'atigg, bI!sdH'ii1g, of for for any purpose paili the well!. .1 nrelse, Inline:. Ldemnity . 1 In hi Final! sw. BELOW I WARRANT THAT I Have readand Understand R11 ofthe I accept th; tnluable BENEEIIS -0R MEMBERSHIP ood algd?i tlatgcopsticxnsath statementsihmy reiemes Orfelguosth all it my commitments in entering!nto a merrla 'p contract with me. 5I. the extent the application wer. constituted a valid eontract bf and betIv$!n Joseph B. Gratton and the 'Befefidants, it is vofiable because and Carbonell fraudulentbr iusiuccd Mr- its eppiinaimn har kncwinsly their wcaild pr?v?d<= adequate protection to the participants, including but nd to the womb; safety 1- s. Adeslgnated! tmsihAngG!!; b. Atieasttwo ehmre a minimum emergency first regogetirg. of no more than 20-30 seconds anywhere 1'3 the ricecoufse; e. A mlnimgm qf opp- support team consisting of at least two certitied rescue divers- statiened on A dedicated, clelrly Trilikdi boat af ddhy tum dn designawd especially 1, who have been qgind by the kigels, and who are.fami1iar*witH the emergency safetylestures of each raee ?boa'g d. suftieient-medinals rescue nm! safety plans. puwqduras ana iq. d=al with ovgiged enclosed race Boats; e. Proper manlgement df the Iriediclh saity md hetsmnel to deal with gveagrped epclosed cocicplt race boats; f. The support Esobir?l necessary fo1? the execudon pf their rpedilzll, rescue and safety auth and awmiaa cockpit race boats; Collftifrnatidl md difeetibh of thhvolunteers and the medical, rdsquc and safegr duijng Eamgt to ensure that at; safety, medical and rescue requirements were met with respect}? pirticipantsdu q;TertT11&1Ed. enclosed e0eky$t fice boats; Propwy trained and ihstructed irst responders on the proper industrf standards, jlotocols pfhediuteg, for the rescue df in nvertumed, enclosed bw; [safe race Adequate- qpmmunfcauons systems to asspre the safety and timqly rgseue of E, and equipgenf neodssagr to execute ausuccessful I, 14 *45 A g_ 4 rescue ohny participant competing in a canopied race boat; -. S4. concealed material factat'from>>Joseph B. Gratm me Pratautr; mt limited to that they gatlta ta pmvide adequate to paqicipants In the- Event; including Joseph B. Gfafton, as folltwiz q, F?1!ng tq fellow the standard industry safe]; and resqpe prgdiees, proczdurps and as described abov!; b. Failing to disregard their own extreitlely ddg?fous, pltlidlls as described above; e. Failing develop, iihpleriieht, and manga rfedieal, Esate and safely plans, . procedures and:protocofs to deal with over-tugged enclosed coclgpiqace boats; Il. Failingtb designate a t1e@ of hlgilftraindl, experienced, pfoperly dtpilppcil, prof;-zssiorngl, eeijiddl rescue divers who are intimately famililnr with that pmergenqy safety and escape features of each race boat, scuers br Ersf e. lhillng gg provlde pqpg; management of the medical, safety and rescue to dell With overtufhed enclosed cockpit race boats; f. to assemble 'the support persomibl l!eceS's5ry' fof the satisfattory execution of their medical, rescue and safeqr duties and responiibilittes overturned eiielosed coclepitraceboatsg a- Ftlilins to with rplunursrs mm and safety personnel Bveql, to ensure Qat all IH, medical rescue Were ihtt With respect to participatlb in overturned endlosetl rant boats; 1.5 ants I mw i? ii h. Failing to provide q, support team consisling oiint 1ea?t two certified rescue divers stanbned on a dedicated, clearly rnarked rescue who had Men thitled H'the and who were fanlilihr with Safety Teatuges cgtheaubj ect; i. Failing to train and instruct its designated first responders on proper ,iq,dq,stry standards, p;ot,pco1 and, proqedpfes, foilthe respite in orkrtumdi, cockpit racaboats; j. Railing to design Tum 1 in with the gkbper itldustf! standards for course safety, 'icnowing that their design was inherently and unrgasogbly Iangerousa and led to race boats overtirifng; Falling anv ?w??sm.in.p1?nrts> assun the Saf?tx vt partidfparm, i.e. they failed to have any type of signaling Il?vica or system so that emergent; personnel Id'irn!nediately' advfled of the neel for assistance; l. Faihhg to timely dep1oy?the and equipment necessary to execute a spceessful ipsgre of Deqpdenf, Joseph R. UIJZDOIL ihli with eadi ssing second death by drowning became i11c1'c8d?S1? hwitablel i.e. Defentlantsi DiPet1*ll1o and Hat}; the fatal dtders of Defendant Garhonell, watched their unskilled, ugraiggd, gid ipeaqoertiertced .E;st the heforb taking. any action; rp. Filing Io warn pqrlicfpants would not- be ?slailled,?trained, md ?xp?ri?na?d msdisal. refers Hrs! in the event of an accident; - I - Fahing lo warn participants that they would be using nmslilled, untrained, and inexpedhried people to the Izvem of dagdhidemt. Defendants failed to &close to Mr. Grattop br P*laint1Tf. SIS. Plaintiff emitted to rescission, meaning cancellation of the purpfarted contract, hpcguse Mr. never wptild bag; signed appligtion hp; tl; the ?f S7. PlaintiE`haa'ho @equateT&nedy ailawt 58. Rld11ti:Etihas no copy of any such agreement to attach to this pleading, h?w?V?1:1 Defendants that Mi Gratten didgsign onq hehce this qpuntn Grattom, as Persona] Representative of 'Ehe Estate of Ibseph B. Gratton, Dheased, fd! an dtder reseihdillg 'the Agreement If Release fo! Membership} awarding costgraml such cthe; and as the deems just, proper, and equitable and demapds trial byjury oi*all issues triable aaof right by COUNT II (Negligence per se against- SBI) 59. Blaint|ffrealleges paragraphs 1 -- 49, above, as though set forth herein. 60. At all times rfultefill, SBI constituted Sponsor af the- Event admlling td the plaip meanfng of that teugg and fhqreford, 'had a duty and regogsibiliy to provide adequate prcteetion T5 the in the Paint, includriig but f1o't lT'mTted t6 Ipseph Gratton, Fly Sta] (Sql 1). Hits state law is tmder the circumstances because it does not conilidt with substantive admiralty any remMy to jdtisdietioll, does hot irllpair the of ldmifalty law df hstfidt mcgmisuacuoa ofthe admiralty coutt; md 'wotks no material plejudice to the maritime law. 1.7 . - - 63. failql, to pqgogide adequate protection to the participants ln the Event, I including Joseph B. Gratten, and thus wiblated its wd rgspansibiliies. failure included bi; was not limitdl td ort1'!Mc of'lHe following acts: l. a. Faihrg to fpllow the safety-slid Iesaue and protocdls, as above; I b, Faililqg to disregard tlfcir extremely! dangerous, contrary policies as above; c. to develop, and manage medical, rescue and safety plans, procedures and protocolvto deal wit] overturned gpqfosed I d. Failing to designate a Team ef highly tfained, eTperTenced,.properly equipped, professional, cegtlhed rescue divers who ap ihdmaibly famlliag vu"th "the emergency M'ety'Hnd?esdape featlires of each racuboat, as mrirparyr rescuers q; Far'Eng to provide proper managgrent of the medical, safety and! 'tescue personu?lto deal With 6vFrE11?ned enclosed cockpihrace boats; Fgilfng 'to assemble the supp|1| personnel necessafy fer tHe sa1:is'faetory ezdccudon of medical. rescue and safety and concerning overturned enclosed aockpitnface boats; g. Failing to coordinate witll and direct the medical. rescue and safely persormel Etient to ensure that all SBI safety, rnec?cal regu; ;equimmen;s were metufitlr i'espect?to partieipanfs in overtiimed enclosed boatq h. Failing to pruvide a suppogt team of at least Two qertffied gesture 1I 1 nn . i divers qg a dedicated, clearly marked |escue boa; In 'Rup who had been tfhihed by Angels, and who Wlre familiar 'With the ?rhergenci slfetf features bf the i. to train am! its designated first negonders bn the Proper Eduhy sfindards, and prbcediiresg for the r?seu? of participants cvqtugeel, aoG10SDd cockpit race bgats; j. Hdilihg to Tum 1 With tlfe industq ?t!hdard? for course safety, lgigwing that their design was and dangerqus, and cem7mii1y 1ed'f0 face Boats Failins h?v= to of fidticipahm, i.e. they faiild tc ha?E any of signallhg deflce qu systemso .dt1vised'?ft1m neqi far 1. Failing to Gmeff the Ipeiscnnel and equipment necessary to Execute a rcssuv cf B- lmvarins that wiih wh passing second dem by drowning bump Ipedtable, ie. DiPet1?i11c and Haf? fsllowfhg the fatal mtiefs cf wma time rmmincd, and mwiutwf an bcteh The 1680118 eifcirt hefim taking anir action; Hmins In wm that they wm! n?t. bc uilizhs ??ki11>.] Joseph B. Gratiot: 1- Wow podioiprnte toot they would not be urirg ehllod. troined. ood expejqgced medical, safety and resdtte personnel ds iiht the Gent of ah aldllentg as In. Warn that they would be unskilled, untrained, and inexperienced, unceniiecl volunteers as Erst responder? in tHe eupnt of an I 69. Defendant its duty to exercise gpdigagy care uhddh tHe oircumstances. SBI's breach bufwas not to ark of the fslloying acts: a. Failirg to fallow the stapdgd industry safety age! rescue practices, procedures and protocols, as descrihed ahoire; be Failing to dieregord their uri oxtrouelat dangerous. oontrery policies oe described. above; c. Fqillpg to develop, Tgpleipertt, and manage medical, rescue- and safdty pmts, procedures and protocol! to 'With enclosed cle@it race boats; .. BB -1, 11 1.1 1 - 111 .11two unlralned, unslcilled, inexperienced, and Ill-quipped scuba dive!s'as the t. F?!r!g to deploy the Angels immed-lately upon their arrival at the accident sem?lm?WVi?8'iimB1vas phhe esseneug 12 Filing to fake conpol of the rescue operatlqp ngpge than four minute; knowing the volunteer divers were severely dad lacked knowledgbl training ami experience to save Mr. G;att0n's life; I gn to iop tl1e race the rescue; which waips of pawqg gcenboats To slosh through the escape hatch qpening and begm Ellifg theneoclqnit 'With Halter; h. Failfng to train and Qistruct its deglgratetl responders on the proper ipdustry standards, protocols and procedures, for the resfcue of pahidhaxlts in overturned, face Boats; I i. Failing to dnsian Tumi in aacqnlancc with the indualw f?r safety, 'knowing that their design was ihheiently aim dmguhls, commonly led. totace boats I. Failng to hav! any communications?s35;tems place 50 assure the safety of their pafticipahfs, I.e. {hey failed to have any type df signaling glegiee or so that could be jpunedjpt?ly adgised of the need Ia; k. tim?ll deaplby th! Eid to Execute I. resin! df Deagdent. Joseph B. Gratten, llnowing Em] wilt]! edah I passing secogri Ileath by drowning beaame igereasingly ineltable, i.e. Defendants; D!Petillo Hnff, following 'the mal orders. of Defendant M: watched their unsl?lled, tgraiped, and inexperienced Erst responders botch the rescue effort before taking Eg action; 1. 1iFu'1ins t? want that would. nv! he utilizing ?Itill==dy tginpd, and experienced medical, safety and rescue p?fhnnel as irs] responders in the 'Ezventnof an adbid?ht., ldlowing tlfe hgveagfpsed to they'leaLred the m. Belling. to -WaFn irartieipanfs that Defendants would be using qpskilled, geqple to ac'! as first responders in that Went 0{ an accident, llnovfing the racers hdve refusld to aantipete had thega learned the umn 10. misconduct constituted such an extreme departure from aceepted ipdustgr stmdards and practices, aid Feaspnable and posed such a dangerous and poten'l:13l'Hfat5l ris'k dr thagit or in,d?rence to he ggfety rflhe participants, including but not limited to .T0seph?H. Gratton. 71. Under tlit: glheinl nratitime law, bedause Defendanfs constitutes gross any release or wayne; pugporting to and/or its sponsors, authorized agents, seqfants, aT1d/or employees; including but being lirpitgl fo Defendants, Dpnald DiPe!r-ill; ?l??:iqp Hair] and, John fgogr Eabilny my breach of a positiip st?cqtory dig designed to protect the wEURl1!b!l'ng ofthe- Decedent, Joseph B. is- to public pqliqynandnmenfofceable. 34- gg gig 72. As a, grqirnafe, and foreseeable result ef Defendant'? Hl?eEbh ef duq as alleged herein, joseph B. Gratten st!EeTdH an and painful death by drowning. WHEREFORE, Plaintiff, k?cilg. S. Gratten, ns Personal Representative of the?E$dte? of Joseph B. Gratten, Deceased, prays for an swrard 5f dmnages and costs; and suqh qther an] further reiief as the Court deenfsjustg proper, and equitable; and demands trial by jhfy of all issues triable as eiiright `qy a ju;] COUNT IV (Negligence against Tl! R1a!*gtm' realieges paragraph 4 -- 58, a'beye, as though fully set,forth,herein. 7715 At Tail Hines Super?Boat international Productiqns, Ihl. ella} a dub fe dl ofthe participants, imcludingnloseph B. Gratten, to reqgorhlje care the circumstances. T5. In tuider ordinary reasonable care, SBPS ditty iqwseph Be Gratten, irmluded lint was not iimifeil te, one or Ebr?bf the felfewingz a. Iiciviile uiesighated teqq cons@ng?efTour to six Angeli lg. Prpviqe at leagt two safety helicopters, each carrying tb two- te three Angels; to ensure a minimum! &t response time of np more than s@11t1s anywhere on t1_ie?racecoursq; Provide a minimum of one supperf mam cpnsisting of at last certified Escue diver'; slahened gg a dedicated veleajy ggrked rescue- boat at cite!] tum on the qeignated especially Turn 1, who hwenbeen thin?li by the Angels, and who with the errilfgmicy safety features oft each race boat; d. Defeibp, implement, and manage mecjjbaii res_cue and safety plans, 15 a - a Mr ;7 i -y,p_l ff - i. y, ]j'hsdlul'!! ndjrotocols to degl with ovegttuged enclosed cockpit raee boats e. Provide proper management of the medical, safety rescue pegsonnei fg deal Vi-Et}! overhmed cndesed cockpit race f. the support personnel necessary? th! satf!faeto1y txegdtion of their medicd, and safety duties and concerning qrclosi coclgait race 'boats; E. Coordinate with and direct vol'unteers and The- rnedipal, fesgqg inilnnel dming the- ensure that gl], SBI safety, medical and pequjgqpents were met with fespedt to partieipdits In overturned en_e1osed I. Bah and' instruct its desTgnated first respondefs on the 'prepe! pr01:0t'6ls and procedures, for The gspue of participants in oveltumegl, enclosed race boatsi i. Deng; Tum 1 In accordance with proper industry standards saf?ty It ellbure it was not so inhdenthr and unte@onabLy dangerous,. and prone to muse mgeboats to averturn; j. Butleommunications sirstefns ifi te safely gid of k| Timelydeploy the personnel and tb exeq_pte.a succe s@ rescub?ofDeedtlent, Jdseph B. Gratten; 1. wm partidlpam; mr ihey woiild not be using .s1e'll'ed, trained, me experienced medical, safety and resdue personnel as 'tirst responders In the event . -. - H- -- se m. Wm participants that they would be using unskillcl, untrained, qj, Ipexpejepced, uncerlflied volunteers as iirst responders in the event of an . maiden. 76. Defendgif breached ii; duty to exercise ordinary remonable care under the circumstances. breach included but was riot me or rho7?e of the following acts! a. Failing to fUl16'w the standaftl industry pafefy and Tesqte and protocols, as described above; Us Railing to tlfelf own dangdtous, pblides aa described above; c. Failing to devpleg, implement, and manage niedieal, resque and safely plans, mpcedpigs protocols to deal with overturned enclosed cockpit race boats; d. Ehskilled, irlbijzefieflbed, did 'VIl1!h1;ed!? sdtba divers as the Hist responders; I e. Fg,liing.to deploy the Angels hggedjately upon their I1 the accident scene oflhqessence; f. Failingvtor take gf the ggrajon ip mqre than font mlnutes knowing the volunteer divers were severely and licked th! ndbessafy training, sl;ills.and expdrience to save M1. Grattogfs . [rfc; g. Refusing fo stop the race during the rescue, wEeli the- wakes oil passing s1@h through the escape haR=h ppqung and begil; illing . t1?= I a- I an I I h. Failig to train and instruct designated responders on the nroper industry standards prpfeedls and pfbeedtiel, for the rescue of pafueipants in oqprtumed, gockpit bq?s; T. Failing to design 'Ihm '1 in accardanee with the proper industry standards fo! safety, knowing that thetr destgn was ml unreasdhably dangerous, and commordy led to mcehoats overtunning; ?Fs5ling te have any qpmmunica5pIls sysleins in place to the safety of their participants, they failed to have qpy type signaling device or system that persdrillel could be Hhihediatelyr adiisdl Bf fat ls Faillng to timely deploy anil equipment necessary lo execute a nescne of jpcedept, Toseph B, Gratten, lcnoudng tha; wil; each passing second death nby drowning: obSC&1uG increasingly inevitable, i.e. A Defendants, DiPet!i11h end Hai, the fatal orders of 'wqched in-.5; pnskilldn. messed, an Era rennonders botch therescue effort before taking any ac'Eon; 1. Failing to vuahr that Def dants not be 1i'ti1i'zing skilled, trained, experienced medical, safety and rescug pgrsonnel as iirst re@ollde!s ill evmt of ah the r!e? Would have !'efd'seH . in Palhrg to warn pacrtieiyants that Defendants would he usjng unskilled, untrained, an! in?xperienied people to act as iirst responders in the event of I Que-Jim-ln co-as an nw an accident, lctrowtng the racefsr would haye E?e'f1'ls& to eoihwtp hagl they leagned the tgt]., 77. misconduct constituted meglighice. 78. B'!b!t1Se P1athti:Et`1s dhtitled to of the dleged Agreement gf Release fol Mtmibefship, any release gr waiver pugmrting to ixnmunize andror its sponsors, authorized representatives, agents, iewants, and/or including bu] not being lbgitetl to Defendants, Donald mhtlilo, Bda; and John Qajponell, from llalhiicy for breach di a positive statutory duty designed to protect the Well-`rkiilgr oi'ttl% osepl'! B. Grattqn, is 79. As a direct, proitirhitq, and 'lbres?abl'?? result of Defdhdantls breach of diy, as Ellegecfhefein, Joseph Be Gtatton sutfexpd and gainful deafg by drowning. Iilainwi`, Priscilla S. as Personal Representative ofthe Estate. of I1 Grattln, Deceased, fd an awt!. of datnag? and costs; Had such other and further rarer as me com degns jaw, pqpen, an equitable, and demapds uga! by jury at an issues trlalle as of right by a jury. (Negligence per se against 80. 1 - 49, a'b5ve, as though set forth tieretn. st. At-ru ores mma. Dewar naaiusuraain aa. on and tb p,row{,ido? adequate protectiqn to- the participants in the Enent, inttluding but not lilnithd 'tcl Joseph B. Gratten, pursuant tb Sectton 327.48; Fla. Stat. (20111. 82. This smto law is unden the circumstances bgguse it dogs not contlict with substantive adrxlirakgr law or any rggredy peculig to gtmalgy lurisnitctiqnadocs not tmpair I _mz.1mnz our the uniformif] Bf adlhilalty law or restribt adi!liHlt? 'bdht, he material prejudice to the masitirnp law] 83. Defendant failed to pro*7ide prot?ction to the pa1'ticipan& nit the EQIGIJI, inc1ud'mg Joseph B, Gratfbn, ari thus vEgte;l its- statpfory duiies mil; [Iefenda.nt's faflure included but was not limited to one nor more of the fqilowpg acts: la. Fai1inQ to ii1dHst1'y Safetf ahd re?eue pmctices, and protocqls, as described abovcl l; Failing to disregard ow eicfm?iy Ha1ige1'ous, contrary polHes a? above; c. Failing td Impieihenl and manage m?dibal, procedpres and protocol; to.dd!1 ermlosed oogkpit race hogs;. d. Failing to designate a team of'hig111y trained, experienced,. properly eciuipped, professional, perhiiqi resnxe who are if1ti:T1ate137 'fimiliar ${111 Safco we er first responders; to .pr'bper df ihe ihedidhl, safety mil personnel to deal with overtumed enclosed coelspit race boats; fC Failing to- asseindl? the |d?p5r! personnel necessar7 tHe satisfactory? ?f ?nd? Miss and ofertbfiled enclosed boats; g. Failillg Us dbdhiiflate and di1'!at the vol1mteer??arfd the medical, 1'esoue an safety the Event to ensure thai all SBI safety. medical and rescue requgernernts wgrelmct with nespeet to participants in ., if enclosed cockpit face h. Failing to prowltle a support team consisting of 4 leg two cgtiped rescue diver! stadoned on a dedicated, clearliunarked rescueboat in 1, T=vH0?had been trained by warfadiiliar craenrav Snfbiv mating of the subj'ect; i. Failfnj to tflih and deslgiated filst on proper iladqstay standards, protocols aid pgocedures, for the rescue of participant! in overtumed, efildsed eqpkiait raqp bcafs; j. to design Tug in accordance with the standards for course safety, knowing that tlhil desiyi 'Wdh inherently Gd 1!hred!0l!abLy' dallgwaus, and boats k. Failing to have any communications systems in place to assure the safety nf their pirticipdts, le. they failed to have any type of signaling device ?or sysleri sa avld b= th? mw'! fo; asdslargceg T. Failing to timely deploy tl!e pefsonml md equipment tlds?ssary to execute rescue of Joseph B. Qiaatton, knuavig. gg wiih each passin? second death by dfoyming bepafne increasingly ixi?lgitable, Tp. and- Haiti fp11?udna the Emi ??rd=tr vt Qanbcnell, watched their and' inexperienced 'ri1'!t manners bench tharesaue effort befofelakihg ahy'?ction; to - - 5 rn. Failing fo warn paiidpanrs fha; they would Ito; h| uElTzing trained, and egperiqgped safety and rescue personnel as Ergt responders Q. the event of an aabident; n. Falling to warn that thy be upslcillgd, and inenrperfenced peppletb act as first responders Tn the event ofari accident. 84;. Dqpedent, eseph. Gratldh, is a m?rlrher persons {hq provision; of Section Stat. (2011) were intended to pro'lect, and hisndrowning was the tpe of to pfbv?fit. 8*5. violatlon ol Section 627.48, Fla. Stat. negligence per se. As such, any release 01- w?I1er pugordng to SBI Ed/6 its sponsors; I agents, servants, employees; fpcludiqg but bqinglurrijted to Defendants, Donald liPetril1o. Bfiah Haffl John Cdfbohdl, ibm liability fof breath of gositiv! statutoy duty Heignbd to 'prgteutlh tf the Degzedbnt, Jo@h B. Button- is gg ss. As a direct, ptertmete, and reant er Defendantls vrentien eriseettert W-48t Fla Stat- @0?1l) Pt. Grattvn. saffcrad an cxmciatinslr slow umd 1r?!nfrT1 dcatln by drowning. WHEREFOREI Plaintiirl Grathnl as Rcprelentatinve of the Estate IP Joseph B. Gratten, 'Deceassd, prays for an. award of damages and costs, and such gther and thither relief ?s?t'Ee Court deerT1s fust, prqiuerg and equitalrleg and- demands trial by jury- of all issues Iriable |s?of by a fir}, I- (Gros neglig?nce again?lDon?ld DiPEtrill?| 87, Plaintiffrpallegins paragraphs ,l -- 49, above, as set forth hefeili. B8, qu dmc: material, Defendant, Donald o.we!l.a duty to all of the including Jasqa B. to egregsise brdinary reersonalje care under the 89. In these under ordinary care, duty to Josiir B. Gratten, included but wasgrot to, one or more ohthe fdllonwingz a. Provide a fist !e@dhse teatln Iffour to.six Angels; b. at least two gfety heiicopters, each carrying to two to three! Engels, ta ensure a minimum emer'gEcy frist response- ning d` no more tha; I0-ill secoT1Zl! q, Provide a minimum of one support team con??ting df two certiied rescue dif?rs @lbned a dedicated, cletly marked rescue boat at every t1IEn on deignated rmecourse, especially Turn 1., who have been traimed by the Angels, agri who are vs71ti1 the emergency safety features of each race q, implement, and manage medical, rescue slid safety procedures and protocols to deal with overturned cocgifrace bgats; e. Pnwida managemgt of the medical, safety and rescue personnel ic! deal with ovezprme] enclosed cockpitrace boats; j; Assemble the ?1f1port personnel necessary for the- saiisfadbfy execujioq qf . I {heir medical, rescue and sashw dudes and responsibilities cqgperning co ckpifrace boglsg IB i fi? pi . g. Coogdipqte wig]; and direct the volunteer and the medical, rescue and safety I durirg the Baht to- ensure that all SBI safety; medical and rescue regutrements were met with arespect to participants In querturned enclosecL cockpit race boats; h. 'Prain and instruct its designated irs; responders ori-the proper industry standards. protocols and procedures, for the rescue of overturned, enclosed sodlapit rdbe boats. a in [le?gn Tum l' gr accordance with the proper industry standards for comed- safety to ensure was not so and uiruasqnably dangerous, prone to qausp rag boats to overtug; j. Put Qysteihs in pldbe to assure the sdfety tinlely rescue af k. jirnelyulleploy the personnel and equipment necessarrto execirte a resfue Joseph B. Gratten; 1- Wm nmtisipanfs that they w?u.1d urine slsil1?d. trained. md . egpqjeqced rnedlcal, safety and rescue personnel as Hr?'t responded: in 'th! event of dh acciIle1i| mt Warn participants ihat they would he using untrained, and I.H1ceftT1ed Yplunteers as iirst Tqrofiders in the evgrt of gp, 9Q, Pefendamt breached hi; duty to exercise qrdipqp reasonable care rihdef illb chcurggfaqpes. Deferrdant's breach 'was not limited to ofle of rtme ofthe acts: -- Eallina ta fvllaw tb: atnndartfaduatry aafahr and prcaadvraa - and protocols, as described b. Paillhg ta disregaill tkfek avgn qttfemely ob11tra!y' palfdes aq. described nhpve; e. Failing to deigelop, implement, and manage fnedieal, fesigue a'nd safely plans, ll gpcedures and protocols to Heal with poahzlt rgce boats; d. Mb 'Imtrained, 'hnslillbd, and il1--equipped Volunteer scuba rivers aathe Est e. Failing to deploy the Angel immediately upon their anival at the accident ams kaqavias lima was aflhs essence: Failing to falce control of the rescue operation for more than four minutes ldidwing the wolumeer diwr! were seveleli amd the knawiadsq aldiia Md aarnaaierfaa ta Save Mh GaaJ1??a'a g. Rcfusfng to stop the face during- the rescue, which allowed the wakes of the h- Failing tc train and inaxruat its designated first raapvadera an industry stan&rc'ls, protocols and procedures, for the.rescue of partfcipants in dg enclosed uqckpit rate . ln aafaw. kmwina that thai: ?aaia?. was iuhanaarhr and dangerous, and commonly ledtbraoe boats overturning I .-. ana- -am . (JI j. Faling to any Systems In 'plase tb theaafety of their pqtlicipgts, i.e. they fagled tg have arg tune of signaling device or sysfem so lhat emergency?persenne1 could be irinT1EURdiatEly advised dfilre need asdsfanqc; lr. Ealing to timely depiw the personndl and equipment necessary to e'ke!5utE ?suooe$fdT of Delhetient, Joseph B. Grattoil, knowing that with each second death by drowning became inevitable, i.e. IF-zfendarits, 'bfeuillo and nar; Iollowing ?the? fatal orders ef Defendant watched tlgeh untrnaiued. md ihexpqrienced first responders botllh the rescue Em taluitlg an'! aetiomn 1. Failing to warn payatigmants that would not be trained, and experienced medical, safety and rescue personnel as first responders ia the event of an k!16\\5I1g the racers wojld have refuse;] gi. to warm participants that Hbfendanfh would be using untlailled. Urrhtaiicd, did mlple to of an accident, knowing the racers woull have renised to compete had their learned the truth. 91. miwndw wb au. Irma 4 and pracdces, and reasonable dhre, and posed such a dlngerods and fltal parl'&, that it G5n!Eituted a cmsdious disregard or the safety'?If the includirfg but not limited to Joseph B- Gaatton. All . . gn;. 9I. Under the general Tnafiliine law, because lDefendant's crgduq cdristitutq grim negligence-, any release- or purpogthg to andlor its sponsors, representatives, agents, servant?, mtihr etlipldyees, but not being limited to nereaeene, Ddhall oirenme, Brian Herr, spe Jen; new gebjrizy for Breach of positjve statutory duty designed to protect thc?wel1-Being of the Decedent, Jlnsefah B. Grattpn, is contrary 15 pi1blic policy mid unenforceable. 93. As 4 direct, and fqreseeable result of D'efendant's breach df duf as alleged herein, Jlseph B. suffereti an excruciating}! slow duhpainful death by drowning. P.Lain'dff, ggiscga S. Grattop, an Personal Representative of The Estate df Joseph Bl Grafton, Deceased, prays for an award of damages and and such and as the Gow dcemviustr pmpqa and ?q?it?b1=. mu br iw? df 511 'issues tdable as of right lay a jury. COUNT VH (N lglgelbaagainst 1 94 Rl_aigtiff'teaHeges paragraphs 1 -- above, as though dill? set forth herein. 95. At all times material, ?l1efeI1da'nt, Donald DI'd1dlloi pwed a duty tp all of the pardcipantsg in|1udl'ng Joseph B, to eugegclse ordjpany reasonable care und? the circuqistances. 96? In these chsumstancesi under ordinary carol Defendanfs duty to Joseph B.Qratton_., included butwas not limited to, one or more of'the a. Provide a qpnsistinwf fqur te six Angels! 5. Provide at least two safety helicopters, each eaprying tg we to three Angels, . anywhere qp thnracecohrse; H7 -- .. - - - -. . Bfoyide a Thinfirlum of one support team of at Least two certified rpscue dirvqs statipnei oil a dedioatenI, marked rescue at eve! tuifl oi! tha designated !@e!!b1ttso, especially Tum Ig wha have been trained by the Angels, and who are familiar with the emergency safety features of each race Boat; d. Develop, irnplemeiil, and manage medical, rescue and safety plans, grgcedures and protocols to deal with overlumed enclosed bdats; e. Provide rnarllgemeht of tl; rnqdigq. safety and rescue personnel to Ileal with guertumed enclosed eockpit race 'Epats; f2 A$efnble the necessary for the execution oil their medical, rescue and safely duties anti responsibilithg cInMning overtumed Enclosdi docklifrace Hearts; Codrtlinate with and direct the volunteers and the medical, rescunlnd safety during the Event to ensure that all SBI safety, medical and?res'bue recluirements were met with Tesie?t to participants in- ovgrtiitneci me ham 'lirgln and instruct its designated first r?ponders on this proper industry protocols and procedures, for the rescue of parlicipants in overturned, tncjosed race Boats; . i. Design Tum 1 in acqprE'ailce with the prqpef industry course safely to ensure it was and mwssuibly and pipne cause gage tp overturn; I Pu; ggmimfeations systems in place tonassureuthen sifety did timelyi?kbiib of I I a?1n.1m.their participants': k. iifnely deploy the personnel and eqgjpiggit necessary to execute a rescue of5ecedent, Joseph B. 1. WEH1 participants that they would not bg. using skilled, tgained, and melbtal. safety and rescue Personnel as first respondefsuii the event Dian accident; m, Warn participariis QQ they would be using unskilieli, untraihed, and inexperienced, {Numbers as Ersf fBp'Ihdera in the event qf ap lltdent. P7. Defendant breached its duty- to Exercise ofdinary reasonable cape under the breaeh?in?1uHe5 bu} liinitcultpronp o; more fgllowing actst a, piling to iiallpw the standard industry safety and resdue practid!s, prdbedufbs I and protoucols, as b. Railing io Ilikqgatli their own exgremqy cgmerous, contrary policies as 3 described aabove; i c. Ealiing .tc?.develop, implement, and manage medicah respue and safety plans, girorpdures and protoccfs, tq, deal with enclosed coclqsil fale boats; d. Deploying two untrained, 'Enskilldi, md il!-egdipped vciunteer scuba divels as the iirstregibnders; e. Failing to deploy the Angels immediat&r upon their arrival at {he scenq knowing timdwas oiitde essence; Ediing tn take pf the resgue ?oper@]pn for mp;e than four minutes lmeviina the vdiunleer divas were memiy vnqualalied. end leekdi the I wz-Jrm-? H: . necessary knowledgi, t?xining, skills and experience to saw: Mr. Gratto'n's, life: to stop the race during the rescue, which allowed the vvakehlf pdssihg Hb! bbats to slosh thimughathe esaapl opening and begin the cogkgpit with water; li. Failing to liain and instruct its designate! 1iEt respomlel's? on {ht jiropgr industrar standards: pm>ta?0l# md. In the r?Sou?? sf ig 0verturnec? enc1&!t1 race bbats; I- Fdlirfg to design Tum 1 in accordance with the Rrgpe; Qtiustry standards for course safetil knowing that their design was inherently aT1d unreasohatily lqi ih raw wenumins; ?FaiI}ng tg have any systems 'in place to assure the safety of their partidipantl, I.e. ih!} filed th ha!! my pipe of si?1a1i!lg devfhe so that emergmoy persqithel cou1d'@ immediately advisghf the need tw aSs1'?m??; k. Failing t5 tirhely dep'1oy the pefsonnel and equipment necessary to execute rsme ?f Jqsenh R. lumdns with passing seconli d?atln by droMlifig becMe le. nercnaanq, Dapepmo nm Hur, fquowaag me am ordcii oi Dcieqdgt Qarbaaeig, wander their unikiiled, unuaiped, and Bra responders btitch thureseue effort befofertaking any dict: I. Failing Eqwafn particbants that Ddendants would lp ptilizing and sa.f!!y and. ww as Hm -- - - . $5 .. .. - [gh -. imhp wsu: ?f an the was w??Td to eompetafhad they learned t!1!t1?i1tH? m. Fdillig to participants that Dcfendanjs wluld be using unskilled, and inexperienced people to act as responders in the ?Ent of an accident, knowing The racers woiild haye r&usqE_1? cdmpefe had they ITM truth- 98. constituted nlgligehc?. 99? Plaintiff is 'lgntitled to iesqission of the a1lg!ge'!A'greement otihlease for any release orwaiver purfaorting to immunize SBY ?ndTor its sponsors, ahoidzed rcircsenkitcs, ngedis. scwenis. and/0: but not b?i?5 *0 Defqgdagls, Donadd DiTeu?i11o, Brian and John Garbonell, from 1ia`di1ity bflach of a positlt designed to of the Decededg B. Gqtton, 5 unenforceable. 0 100. As a direct, prozgimate, end foreseeahle result 6f Defendanfs by-sich of dui, as alleged herein, Joseph B. orerten eurrerzyi an end painful aeetu by dmwripgn Plainfitt Rimcseniavhe ?f JosepT?B. Gratten, fohm bfdalhagdhandedsth md and fur-Tirer reuer as me com deems jun, pqpee eng eqgnebie, esa demands nig hy jury erm! issges triable as ojgight by a jury. uml mr - i ile`? Tim ea ll? - COUNT (N egligerlce per se agahnst Brfan Hafgr Bigigtiffredleges paragraphs 1 - 49, nbdVE, thdligh ftilly set At all times" material. Defendant, B1'l?1 Hai hacl a dug and responsibility tg; adequate protection to the part!cipa1;1ts in the Event, ipcluding but not limited to Josepl! B. to Section State 103, stafe law upper the becapse it dpep not conflict ii with any remedy pG!!'I1llhm' to dallas rfbti1'l'!pdl!' the law tip of the adplralg comt, apd wonks no materiel pcrejgflihe tg the maritime law. 104. f?i1'?5 to p??aTd'5? ?d?qu?i? ta the paatwipants In the Emi. B. Gratten, and thus- violated its statutory duties and rasponsibilitih, incluflell Ulit Ms limited 1b one rl ihle l>f'the a. Fdiling't6 follow the safety and.rescue'praLetic groeedures and protocols, as described above.; h. Failing to disregar! !l1SlP own exdem?ly dangeroiis, comrary policies as- ot Failing tb develop, implemdlt, ?aild madhgt liellihl, resdhe ang ldfetay plans, pmcedmlh. and with gocirpit race boats; d. Failipg to designate a team of highly trained, experienced, properly eq'uTpp'edg professiorfal, ?es1:i:Eed rescue divers who are intlmaihly familiar will! the emergency se!fEy and escapg feature; of each race boat, as primgyresctieiga cg 5m da prgvide proper management of tire medizal, safety and rescue 42 to . t* `Efi`? li ?l it personnel to deal With oveitumell enclosed ?eeckpit.rac?e boats; ii Ballina to assemble the necessary tor the Satiafa-?t?w executym, qf their medical, r?ehe and safety duties and Bspoifsibllitiba dmeerning 5. Railing to with and direct the volunteers and the medical, rescue and safety persoin?l during the Regent to ehsufe tliit all SBI safety, medici mid rescue reqwamerats uw met with t? in enclosed coclepit fade boatj h? RE!lipg' td provide a 'tgagi bf at Eeast two eertided rescue divers stationed on a dedicated, clearly rhirlfed Esdue Boat in 'Pum 1, who had been tfhined by the Angels, end who- were familiar wi;h the emergency safety katurre qithe i. to train and illktiltct its desi@ated first nthe plhper Shiidards, for the rescue of bverpimeej, enclosed race heats; j. Railing to design 'Pun! in achilirce with the proper industqr glandeiqis for course rains kupv?ns tb?? th?it was and dangerous, all led to rate bd'ats lc. Railing to have any commudicagons sygeipg In place assuee?the safety of their participagtg, i.e. Greer failed to have any tepe of shgnaling device er system so that personnel could beeimfnediately advised of the need for assistance, 4! 1.03 - -- - T. Failing to timely deploy the personnel wd muipment negesgany to execute successful rescue of Dbeedeht; .To?Eph B. Grattbn, Ivtth Gael! passing seadtld death. by drowning bengml ipevitablq i!e. Defendants, und Hafi] following the Eta] ordefs of Defendant Carbonell, watched tlfeir unskilled, un?hined, arid ipegperlepqed isgt b?t6h tb= tetstw ?ff?rt t?J