Man overboard sues boat operator

David Yates Jun. 17, 2008, 10:54am

After being ejected from a boat, Patrick Knickerbocker decided to soak the driver in return and file suit.

Seeking financial compensation for his waterborne injuries, Knickerbocker filed suit against Shelby Gibbs III on June 13 in the Jefferson County District Court.

According to his petition, on Jan. 11, Knickerbocker was a passenger in a boat being operated by Gibbs. Gibbs was allegedly operating the boat in a negligent manner "and as a result Knickerbocker was ejected and seriously injured."

"Gibbs was negligent on the occasion in question and said negligence was a proximate cause of the injuries and damages of Knickerbocker," the suit says.

However, the suit does not give any examples of Gibbs' alleged negligence, nor does the suit say what Knickerbocker was doing when he fell out of the boat or how exactly he was injured.

"Knickerbocker seeks compensation in the past and in the future for all elements of damage recognized under Texas law including but not limited to, lost earning and earning capacity, pain and suffering, mental anguish, impairment of function and medical expenses," the suit says.

"It is yet too early to ascertain the full extent of Patrick Jonathan Knickerbocker's damages but suffice to say they are in excess of this Court's minimum jurisdictional limits."

Knickerbocker is demanding a trial by jury and is represented by attorney Michael Kerensky of The Kerensky Law Firm.

Judge Milton Shuffield, 136th Judicial District, has been assigned to the case.

Case No. D181-914

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