Florida Keys News
Saturday, January 26, 2013
Diver critical; courts in play
Both sides agree to $2M check in lieu of yacht Patagon

The diver injured by a yacht's propellers Monday morning at Key West Bight remained in critical condition Friday as her attorney made moves in federal civil court to hold the boat owner accountable.

Judith Montague, also known as "Diver Judy," remains in intensive care at Ryder Trauma Center in Miami in a medically induced coma, said Florida Fish and Wildlife Conservation C...

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DiverJudy

This comment alone shows an intent to avoid responsibility:

"At the present time, the captain of the M/Y Patagon refuses to divulge the owner of the vessel,"

I can tell you $2 million will NOT cover the victim's damages and future loss of wages, nor punitive damages, nor pain and suffering.

DiverJudy

CLEARY.......Clearly I can tell that by the second sentence of you comment that you are either a lawyer or an insurance salesman. It is fitting, on your part, to bring the "Almighty Dollar" into this terrible event. I also feel that neither you or anyone closely related to you, has experienced anything close to this. I wake up every day with the constant reminder that people make mistakes and accidents happen. Had the accident that almost killed me,re: a nurse stopped and applied a tourniquit above my femoral artery, been caused by me, I would have been the first to admit those faults and accepted the outcome. That's the way I was raised. This is a tragedy that could have been so easly avoided had both parties followed proper procedures. . And, by the way, common sense.I never get underneath my boat with the igition source active. Period.... I can only hope that all branches of law enforcement involved investigate this matter comepletely and issue any citations and fines associated. BTW, does she or doesn't she, have the proper licensing and insurace in place to be working ? Just wondering.

Wrong.

It doesn't matter what YOU did. This woman has a very difficult road ahead and she is going to need financial aid and lots of it. If the captain is already refusing to cooperate and they're wanting to move an asset to FLL to sell it, you can see that they're making all preparations to avoid responsibility.

I'm not an attorney nor am I involved in the insurance business. But I've seen ordinary people suffer and financially ruined by careless actions of another and refusal by the perp to accept responsibility.

Obviously you're not up on insurance or you'd know that she more than likely, like all boats and businesses at a marina, has liability insurance, which covers anyone she might injure or harm, and protects the FACILITY from being sued by those businesses doing something stupid. It generally does not pay for injury caused by others.

I can tell you from first

I can tell you from first hand experience how difficult that road is going to be. I live it on a daily basis. Are you a boat owner ? Would you go beneath a boat without first making sure that the engine stops were put in place ? This along with cautionary markings on the throttle and shift controls to alert anyone that may go to the bridge ? Like I said before, this is a terrible tragedy that could have been easily avoided had proper protocol been followed. And as far as the insurance goes, I'm very up on what is required in regards to liability and also workers comp. You have to be able to protect your employees along with yourself. I don't hire subcontractors that don't have the proper liabilty and workers comp insurance in place. I don't just look at a peice of paper that they hand me. I call the carrier and make sure that they are both paid and up to date. I'm sure that you understand that times have been tough for everyone and I can promise you that there are businesses out there operating WITHOUT the proper policies in place due to the rising costs. Also, businesses carry the least amount of insurance that they can get by with as required by law. I carry way over and above where the law requires so that if an accident happens that is caused by me or one of my employees, the other party involved won't have to go thru what I live daily. And there isn't a dollar amount out there that could compensate me for everything I've been thru and face in the future. I can only be thankful that I had my own insurance policy in place when I was hit. The policy that the person who hit me wouldn't have paid my anesthesia bill let alone any of the 13 surgeries that have been performed. Had I not, I wouldn't have been taken to the hospital with the trauma team in house that puts people back together as best they can with what they have to work with. Along with removing appendages that have been damaged beyond repair. Just have to pray that she makes it thru this and find out what exactly happened.

Judy is lisc and insured;But the Marina still allows

a certain diver to operate there cleaning bottoms for years who does not have an occupational lisc or any insurance, this person has been pointed out repeatly to the Manager , but nothing is done even though he is there almost full time. You would think after this incident the Management would pay attention as to who gets in the water to work. But then again Mark Tait is too busy smoking cigarettes next to the gas pump to notice.
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