Tour Groups Seeking Dismissal of Federal Wrongful Death Lawsuit After Teen Swept Out to Sea

Two tour group companies are seeking dismissal of a federal wrongful death lawsuit filed against them after White Plains teen Tyler Madoff was swept out to sea July 4 while on a guided tour in Hawaii.

Golden, Colo.-based Bold Earth Teen Adventures and Kealakekua, Hawaii-based Hawaii Pack and Paddle LLC, claim the lawsuit filed by Tyler’s parents in August in federal court in Honolulu was filed in the wrong court.

In motions filed Nov. 1 in federal court, the companies argue that the 15-year-old’s parents, Michael and Marianne, entered into two contracts prior to the trip, binding them to litigate any lawsuit in Jefferson County, Colo., which is the county where Bold Earth is headquartered. A “Liability Agreement” was executed electronically “more than five months before the trip” and a “Parent Agreement” was hand-signed by Marianne “more than three months before the trip,” the motions say…

Full Story here: Companies seek dismissal of wrongful death lawsuit filed after teen swept out to sea

Terrible Accident Leaves 15-Year-Old Hospitalized and Another 15-Year-Old Missing

One 15-year old boy is hospitalized on Oahu and another 15-year old boy is missing following a public accident at Kealakekua Bay on July 4, 2012.

Big Island police received a report at about 3:25 p.m. on July 4th, 2012 that the Hawaiʻi Fire Department was rescuing one of the boys and searching for the other.

Police determined that both boys were part of a youth tour group and were exploring tidal pools near the Captain Cook monument when a large wave surged into the tidal pool they were both within. A tour group guide jumped into the water and was able to recover and resuscitate one of the boys. The guide was able to flag down a private boater who provided transportation for both individuals, back to Kealakekua Pier. When the group reassembled they discovered that the other boy was missing.

Fire/Rescue crews and Coast Guard personnel are continuing to search the bay and surrounding areas for the missing boy.

According to KITV:

…The missing boy was identified by the Coast Guard as Tyler Madoff from White Plains, N.Y.

According to the Hawaii County Fire Department, a group of 12 to 14 students from the U.S. East Coast, all under the age of 18, went on a guided kayak tour on Wednesday.

The group landed near the monument. Some stopped at the tide pools, including Madoff.

Two boys were swept in the ocean by large waves at around 2:45 p.m. on Wednesday…

Read more: http://www.kitv.com/news/hawaii/Teen-missing-in-waters-near-Kealakekua-Bay/-/8905354/15416108/-/108p9pd/-/index.html#ixzz1zo5HM5Yq