They are suing the company and the boat’s captain, alleging negligence and infliction of emotional distress.
By Christian Martinez, Los Angeles Times
“They started swimming harder for about another 15 minutes, and it seemed like the boat was going into deeper water,” the couple’s attorney, Jared Washkowitz, said in an interview with The Times. “They were trying to swim toward it, and the water was getting rougher. At that point, they realized that the boat was actually leaving them.”
According to the complaint, the boat’s crew miscounted the passengers on the vessel before it departed for the second dive spot, leaving Webster and Burckle behind.A view of Mānana Island and Kāohikaipu Island State Seabird Sanctuary from the Makapuʻu Point Lighthouse Trail on the eastern shore of the island of Oahu on Monday, Oct. 19, 2020, in Honolulu. One passenger allegedly told a crew member that the couple were still in the water as the boat prepared for departure.
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