A man is suing after his day on a rented yacht with friends ended when he fell on the boat and sustained a grisly injury.
Timothy Hickey filed a complaint Sept. 6 against Lake Travis Yacht Rentals, LLC; WC Paradise Cove Marina, LP; and WC Paradise Cove GP, LLC. The suit was filed in the 164th District Court of Travis County, TX.
The complaint says that on or about May 6, Hickey rented a yacht from Lake Travis Yacht Rental with seven other individuals. It notes that the yacht was under the direct control of WC Paradise Cove Marina, LP and WC Paradise Cove GP, LLC.
The complaint says the layout of the boat required participants to travel down extremely steep steps that did not have anti-slip protection. It says Hickey was going down those steps to reach the bottom platform “when he slipped and was impaled in the left arm by an improperly place boat cleat.”
Hickey is suing all three defendants for negligence, alleging they failed in their duties to him by failing to correct the dangerous condition and allowing it to continue, and in failing to provide any kind of warning of it.
“At the time of the incident, Defendants owed Plaintiff the duty that private landowners owe to an invitee – namely to exercise ordinary care to adequately warn Plaintiff about, or make reasonably safe, a dangerous condition which a Defendant knows or should have known,” the complaint says.
Hickey is asking the court for damages for past and future physical pain; mental anguish; physical impairment; medical care expenses; economic loss and loss of economic opportunity; and loss of enjoyment of life. He also seeks court costs, attorney’s fees, interest, and all other just relief.
The plaintiff is being represented by Anna J. McMullen and Lucas D. Walker of The Amaro Law Firm in Houston.