Couple ‘thrown’ overboard on sailing boat: Hawaii lawsuit

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A couple is suing a Hawaii scuba diving company after they say a boat other than the one pictured left them “in the open ocean,” according to a lawsuit.

Screenshot from Sail Maui on Facebook

A couple on their honeymoon in Maui, Hawaii, had to swim back to shore after they say they were “abandoned” in the ocean by a snorkel tour boat, according to a lawsuit.

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The couple, from Alameda County, California, took a snorkel tour with Sail Maui on Sept. 23, 2021, that was scheduled to bring snorkelers along the Lana’i Coast, according to the lawsuit, which was filed on Feb. 21.

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The boat left Lahaina Harbor in Maui at 10 a.m., the lawsuit says. Around 40 minutes later, the group arrived at the snorkel location, where the captain gave a safety briefing.

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The captain did not mention that snorkelers would have to return at a specific time, the lawsuit says.

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The couple got in the water at about 10:50 a.m. and swam into the current, as instructed, for around an hour, the lawsuit says. Snorkelers were returning to the boat at different times.

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At about 12:05 p.m., the couple was swimming back toward the boat but seemingly getting no closer, the lawsuit says. At about 12:20 p.m., the pair noticed the boat was getting farther away and began signaling distress.

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One of the passengers on the boat later told the Coast Guard that she tried to tell a crew member that two people were still in the water, but the crew member assured her they had been accounted for, the lawsuit says.

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At about 12:30 p.m., the vessel headed to the second snorkeling site “leaving (the couple) behind in the open ocean,” the lawsuit says.

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Don Prestage, president of Sail Maui, told McClatchy News that the company could not comment on the pending litigation.

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The couple was about half a mile from shore, and the surf was about 6-8 feet, the lawsuit says.

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They “were beginning to panic and were struggling to swim in the ocean conditions,” the lawsuit says. “They feared that drowning was imminent.”

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They decided to swim to shore, even though the captain had warned them there were shallow reefs in the area, the lawsuit says.

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At 12:40 p.m., they “began swimming as hard as they could” and reached shore about 20 minutes later “fatigued and dehydrated,” the lawsuit says.

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Once they reached the beach, they waited about 10 minutes before a truck drove by, noticed the couple in distress and helped them, the lawsuit says.

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The couple returned to California on Sept. 26, 2021, the lawsuit says.

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A Coast Guard investigation later found that the vessel master did not ensure “a proper head count and verification of passengers” before departing the snorkeling site, the lawsuit says.

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The couple is seeking damages in excess of $75,000, according to the lawsuit.

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Alameda County is in Northern California and is home to Oakland.

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Madeleine List is a reporter for McClatchy National Real-Time. She has reported for the Cape Cod Times and the Providence Journal.

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