Trial Magazine

Jiyoon Kim, 34, and her husband went to Key West for a one-day excursion that included riding personal watercrafts. Before they started out, group members—some of whom spoke French only—were asked to initial a checklist of rules, printed in English, acknowledging that they understood them.

After the group went out on the water and just before riding, the tour guide instructed the group how to operate the watercrafts. One of the French-only speakers allegedly told the guide that they did not understand the instructions, but the tour guide continued in English.

While the group was riding, one of the French-only speakers, Julien Troyano, collided with Kim’s ­watercraft. Kim suffered extensive crush injuries and was pronounced dead later that day. At the time of her death, she and her husband operated a nail salon.

Kim’s husband, individually and on behalf of her estate, sued the tour company and guide, alleging that the defendants were negligent in failing to provide the French-speaking participants instructions they could understand or prevent them from operating the watercrafts. The plaintiffs also alleged that the defendants were negligent in permitting Troyano, who had not previously operated a watercraft, to continue riding even after he was seen operating the watercraft in a reckless manner.

The lawsuit also named Troyano, who was living in France and had minimal assets. He failed to answer, and the plaintiffs voluntarily dismissed the claim against him.

The tour company defendants argued that Troyano understood enough English to grasp the instructions.

The parties settled before trial for $2.88 million, paid by the defendants’ joint insurer.

Citation: Kim v. Fury Mgmt., Inc., No. 2016-CA-851-K (Fla. Cir. Ct. Monroe Cnty. Sept. 19, 2017).

Plaintiff counsel: AAJ members Thomas B. Scolaro and Justin B. Shapiro, both of Miami.

Plaintiff experts: Kevin Breen, personal watercraft operation, Fort Myers, Fla.; and Oscar Padron, economics, Miami Lakes, Fla.

Defense experts: Robert Taylor, accident reconstruction, Novi, Mich.; and Kenneth Fischer, neurology, and Monte Kane, economics, both of Miami.