Case 1:14-cv-00566-JMS-RLP Document 1 Filed 12/17/14 Page 1 of 5 PageID #: 1

\G\
DENNIS W. POTTS (1121-0)
ATTORNEY ATLAW
A LAW CORPORATION
841 Bishop Street, Suite 1528
Honolulu, Hawaii 96813
Telephone No. (808) 537-4575

Attorney for Plaintiff

MICHAEL BIN WU

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAll

MICHAEL BIN WU, )

)
CIVIL NO. r, V1 4 0 Q5 6 6J s
RLP)
Plaintiff, ) COMPLAINT; SUMMONS
)
vs. )
)
LAVA OCEAN ADVENTURES, LLC )
SHANE TURPIN; JOHN DOES 1-10; )
JANE DOE 1-10; DOE CORPORATIONS )
1-10; DOE PARTNERSHIPS 1-10; )
DOE GOVERNMENTAL AGENCIES )
)
Defendants. )

COMPLAINT

Comes now the Plaintiff Michael Bin Wu ("Wu"), by and there his attorney,

Dennis W. Potts, for relief against the Defendants above named, alleges and avers as follows:

COUNT I (NEGLIGENCE)

1. This is a claim against a passenger who was seriously injured during an

evening on a site seeing tour while a commercial vessel. It is a case in admiralty and maritime

jurisdiction pursuant to Article II, Section 2 of the United States constitution and 28 USC§ 133

and as an admiralty and maritime claim within the meaning of Rule 9(h) of the Federal Rules of
Case 1:14-cv-00566-JMS-RLP Document 1 Filed 12/17/14 Page 2 of 5 PageID #: 2

Civil Procedure which is concurrently brought under diversity of citizenship, 28USC § 1332, as

the matter and controversy exceeds, exclusive of interest and costs, the sum of$75,000.

2. Plaintiff is a resident of the City of Shenzen, Country of China.

3. Plaintiff is informed and believes that Lava Ocean Adventures, LLC is a

limited liability company existing under the laws of the State of Hawaii and in the business of

operating commercial, sight-seeing tours in the ocean waters off of the Island of Hawaii on sea

going vessels.

4. Plaintiff is informed and believes that Defendant Shane Turpin is the

owner and principal of Lava Ocean Adventures, LLC and the captain of the sea going vessel(s)

which it uses to conduct its sight seeing tours on the oceans off the coast of the Island ofHawaii

as aforesaid.

5. The true names, identities or capacities, whether individual, corporate,

associate, pminership, representative, or otherwise of Defendants John Does 1-10, Jane Does 1-10,

Doe Partnerships 1-10, Doe Corporations 1-10 and Doe Governmental Agencies 1-10, and their

involvement herein are unknown to Plaintiff who therefore sues said Defendants by such

fictitious names, and Plaintiff will seek leave of Court to amend his pleadings to set forth the true

names and capacities of such fictitiously named Defendants when the same become known to

him. Plaintiff is informed and believes, and thereon alleges, that each of the Defendants

designated herein by a fictitious name acted in some manner negligently, intentionally, wantonly,

wilfully, recklessly, maliciously and with conscious disregard of the consequences of their acts

and is in some manner responsible and/or strictly liable to the Plaintiff for the acts, conduct,

omissions and failures as hereinafter alleged concerning the events and happenings herein

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referred to, and that said acts, conduct, omissions and failures, whether negligent, intentional,

wanton, wilful, reckless, malicious, or with conscious disregard of the consequences of their acts,

directly and proximately caused injury and damage to Plaintiff as herein alleged and otherwise.

Plaintiff has made a diligent and good-faith effort to ascertain the full name,

identity, and interest in this action of Defendants John Does l-10, Jane Does l-10, Doe

Partnerships l-10, Doe Corporations l-10 and Doe Governmental Agencies l-10 including, but not

limited to, investigative efforts to locate witnesses and other persons who may have knowledge

of, or contributed to causing this accident, and to identify their roles with respect to same.

6. On or about December 30, 2012, Plaintiff was a paying passenger on a

sea-going vessel owned and operated by Defendant Lava Ocean Adventures LLC and Captained

by Defendant Turpin on the ocean waters off the coast of the Island of Hawaii.

7. While on the boating excursion described in paragraph 6, Plaintiff was

instructed to sit on an unpadded metal seat near the front of the boat where he did not have any

way of securing himself in his seated position in the event the boat encountered rough seas.

8. During said boating excursion, the sea going vessel in questions was

traveling at an unsafe speed in rough ocean conditions when Plaintiff was suddenly thrown up in

the air and then back down onto the unpadded metal seat thereby striking his low back and

causing him to sustain severe and permanent injuries to his low back and right hip and thigh.

9. The Defendants owed Plaintiff a duty under general maritime law to

exercise reasonable care for his safety and the safety of the other passengers on board the subject

sea-going vessel which said Defendants negligently and/or recklessly violated in the operation of

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said vessel, in the hiring and training of the members of the crew onboard said vessel at the time

of Plaintiffs accident and, generally, in failing to take suitable precautions for Plaintiffs safety.

10. As a direct and proximate result of the negligence or recklessness of the

Defendants as aforesaid, Plaintiff sustained severe and permanent physical injuries for which he

seeks general damages for his pain, suffering and emotional distress and special damages for his

medical/rehabilitative expenses, past and future, and loss of income, all in amounts to be shown

at time of trial herein.

COUNT II (BREACH OF CONTRACT OF CARRIAGE)

11. Plaintiff hereby realleges and incorporates by reference the allegations of

paragraphs 1-10 hereinabove.

12. By virtue of the foregoing, the Defendants breached the contract of

carriage that existed between them and Plaintiff.

13. At all times material herein the Defendants, their agents, servants and

employees acted as a common carrier as the owners, operators, lessees, lessors, charterers,

subcharterers, and owners of the subject sea going vessel.

14. As a result of the Defendant's aforesaid breach of the contract of carriage

with Plaintiff, Plaintiff sustained the injuries described hereinabove.

WHEREFORE Plaintiff prays that judgment be entered in his favor and against

the Defendants, jointly and severally, as follows:

1. General and special damages in amounts to be shown at time of tria].

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2. For prejudgment and post judgment interest at the legal rate, taxable costs,

a reasonable attorney's fee and such other, further relief which as is just and equitable in the

premises.

Attorney for Plaintiff

MICHAEL BIN WU