Suit filed by San Diego couple rescued at sea dismissed
By Dana Littlefield
5:49 p.m.Dec. 19, 2014
— A judge has dismissed a lawsuit filed by a San Diego couple who blamed a nonfunctioning satellite phone
for the loss of their sailboat during a highly-publicized rescue
off the coast of Mexico
earlier this year.
Charlotte and Eric Kaufman contended in their lawsuit, filed in July, that they would not have lost
their boat if they hadn’t lost satellite service
. In April, the couple were two weeks into the first part of a planned trip around the world when their younger daughter became sick. The sailboat was damaged during bad weather
, and they called the U.S. Coast Guard, but their satellite phone
stopped working a short time later.
Unwilling to gamble with their daughter’s health
, they then activated an emergency device
on the vessel, prompting a response from California
Air National Guard members who parachuted to the family
and stayed with them until a Navy
ship carried them back to shore.
Their boat was left at sea and sank.
The ruling, issued Wednesday by San Diego Superior Court
Judge Judith Hayes, cited a provision in the contract
signed by Eric Kaufman with the satellite phone
company, Whenever Communications
. The provision required
the holder of the contract to file any lawsuits against the company in Florida
, where its headquarters are located.
Matthew Herron, an attorney who represents Whenever Communications
, said the company had been in the process of switching SIM card providers for months, and that it was a different company that shut off the service
to the Kaufmans' phone.
Attorney Dan Gilleon, who represents the family
, said Friday that the Kaufmans would file
their lawsuit in Florida
Now wait a second what ever you think of this case, if the attorney they hired wasn't smart enough to figure out the legal jurisdiction for this case, then they should fire his incompetent ass and sue him for malpractice! The fact that the signed contract was upheld by the judge, well that means the lawsuit is doomed to fail anyway because it says right in the contract that you can't sue the Company or the queen of England if their product doesn't work.
I still hope for the best for Eric and his family, but the lawsuit road with a payday at the other end to buy a new boat seems to have about the same chances as playing the Powerball Lottery.