Wrongful Death: Electrocution Fall into Marina Water Admiralty or Not?

Wrongful Death Ruled Admiralty Claim

A professional malpractice case will continue in 13th Circuit Court against a lawyer who represented the family of a man who was electrocuted and drowned after jumping into water at Clinch Marina. The judge ruled that this wrongful death claim was properly governed under admiralty law.

Judge Thomas Power on Monday denied a motion from attorney Geoffrey Fieger, who argued admiralty law didn’t apply to the personal injury lawsuit at the center of the malpractice case against him. Fieger represented the family of Michael Knudsen, an 18-year-old who died after jumping into electrified water in Clinch Marina in 2011.

“There was admiralty jursidiction in relation to this tragic drowning,” said attorney Richard Goodman, representing Michael J. Long in the malpractice case.

The City of Traverse City and Clinch Marina were dismissed from the Knudsen family’s personal injury suit. They also were dismissed in a similar suit, in which Fieger represented Zachary Allen Kott-Millard, who said he was shocked when he jumped into the marina’s water to help Knudsen. The city and marina were granted immunity based on state law.

Michael J. Long, representing Knudsen’s estate, argued Fieger could have avoided the dismissals had he filed the original case under admiralty law instead of state law. He filed a professional malpractice suit against Fieger in 13th Circuit Court in February.

Kott-Millard in February also filed a professional malpractice case against Fieger.

Admiralty, or maritime, law applies to cases involving navigable waters, according to Cornell University Law School’s Legal Information Institute.

Goodman said an incident has to have three elements in order to fall under admiralty law: it must happen on water, involve maritime activities and have the potential to interfere with maritime commerce.

Knudsen’s death and other incidents that could have stemmed from the electrified water could have disrupted businesses such as the tall ships that dock in the marina, said Kathleen Kalahar, an attorney representing Long.

“The potential impact is much greater,” Kalahar said. “There’s electrified water … . This was a disaster waiting to happen.”

Clinch Marina rules prohibit commercial activity in the harbor, Fieger’s attorney Theresa Asoklis said Monday. She argued the evidence Kalahar submitted isn’t admissible in court.

“(It’s) anecdotal hearsay evidence that simply isn’t part of the record,” Asoklis said.

Asoklis said admiralty law didn’t apply to the Knudsen family’s personal injury case.

Long is an estate lawyer representing the Knudsen family, Goodman said. He will distribute reparations to the family should he be successful in the malpractice suit.

“Ultimately we hope the case will be tried before a Grand Traverse County jury,” Goodman said. “We’ll present our case and they’ll decide it.”  Story Here.

Attorney Ed Kramer is experienced in offshore and river injury claims. Contact him at the Law Firm (225) 933-1500 for a free consultation regarding your case.

personal injury Ed Kramer bus accident

$250 Million Lawsuit Filed for Bus Personal Injury and Wrongful Death Accident

Bus Accident Personal Injury Claim Tops $250 Million

Fifteen passengers who were aboard the charter bus hit by a freight train on March 7, 2017 in Biloxi, Mississippi have filed a $250 million dollar lawsuit. The cases were filed in Harris County state court, in Houston, Texas. The bus in question was traveling from one Mississippi casino to another Mississippi casino when it became stuck at a steep grade crossing on tracks owned and maintained by CSX Corporation. See story HERE.

The 20 plus ton charter bus was pushed more than 200 feet. Four were killed in the crash, and more than forty were injured. At least seventeen accidents had occurred previously at the crossing, including at least two accidents within the last two years where large vehicles were stuck on the tracks while trying to cross. The charter bus, which originated in Austin, Texas, was operated by Texas-based Echo Transportation. Echo Transportation is part of the TBL Group, based in Houston, Texas. The trip was organized by Diamond Tours, Inc.

The named Defendants in the cases are: Echo Transportation, Inc., Diamond Tours, Inc., TBL Group, Inc., CSX Transportation, Inc., and ABC Companies. The lead case is: Hall v. Echo Transportation, Inc., et al.; Cause No. 2017-17413; In the 151st District Court, Harris County, Texas.

Bus and truck accidents cause many personal injuries due to their size and frequent use. As you can see from this report, there are often many party defendants involved.

If you are hurt in a bus accident call the Law Firm.  Attorney Ed Kramer stands ready to help you. (225) 933-1500.

auntie fee

Auntie Fee, the viral YouTube cooking sensation dies of Heart Attack

Auntie Fee, 59, the viral YouTube cooking sensation best known for her “good a– chicken,” died Friday, according to her son.

Fee’s son and the show’s cameraman, Tavis Hunter, posted the news late Friday night on Facebook.

“Thank you for all the prayers and hope, It did all it can do and now god made the decision to take my mother home where its peace & Joy and im okay with that, She can finally Be happy,” he wrote.

Fee, whose real name is Felicia O’Dell, was placed on life support after suffering from a massive heart attack on Tuesday, according to TMZ. She was taken to Harbor-UCLA Medical Center. Better known as Chef Sista Girl to her fans, Fee became an internet sensation in 2014 for her unique cooking videos on YouTube. She quickly became known for her “good a– chicken” and “sweet treats for the kids” videos.

O’Dell rose to fame for her budget-friendly cooking tips and down-to-earth realness on camera — she wasn’t afraid to throw an expletive or two into her videos. One of her most viewed videos, which currently has more than 2 million views, is about feeding a family of seven with just $3.35.

Losing a loved one is tragic.  Diet and exercise play a big part of a healthy lifestyle.  Sometimes a loved one is taken away by accident.  Attorney Ed Kramer can help you fight for the compensation that you deserve. If you have lost a loved one and feel that another party is responsible call us today. (225) 933-1500.