Trial Magazine

Doe, 20, worked as a crew member on the luxury yacht Endless Summer. One evening while the ship was docked, one of Doe’s fellow crew members came to her cabin in an intoxicated state and raped her. Without a working communications system such as a radio, Doe was unable to contact the ship’s captain for help. Her attacker subsequently pleaded guilty and served a jail sentence. Doe was diagnosed with post-traumatic stress disorder.

Doe sued the ship’s owner, alleging negligence and unseaworthiness under the Jones Act for failure to provide a safe workplace. The plaintiff claimed that the defendant failed to enforce its no-alcohol policy, hire security, and conduct ­background checks on crew members.

The jury awarded over $70.6 million, finding that the yacht had been in navigation at the time of the rape and thus the claims fell under the Jones Act.

Citation: Doe v. Tomecek, No. CACE-16-003324 (Fla. Cir. Ct. Broward Cnty. Jan. 29, 2018).

Plaintiff counsel: Adam Horowitz, AAJ member Brad Edwards, and AAJ member Brittany Henderson, all of Fort Lauderdale, Fla.

Plaintiff experts: Kim Peterson, maritime policies and procedures, Oakland Park, Fla.; and Annette Annechild, psychotherapy, Delray Beach, Fla.