The latest lawsuit filed against a Tofino whale-watching tour company whose boat capsized last year, killing six people, paints a terrifying picture of the moments immediately after the vessel capsized.
In his claim, plaintiff Robert Goodfellow says he was on the portside of Leviathan II’s upper deck when the captain positioned the boat in shallow water over a reef near Vargas Island on Oct. 25, 2015.
The captain had stopped for the purpose of viewing sea lions, but the ship was “pitching and rolling in significant breakings created by the shallow reef,” according to court documents.
That same day, Parks Canada reported wind speeds of up to 30 knots with recorded wave heights of two to three metres in the waters off Tofino, the suit says.
Goodfellow was seasick and about to move into the lower enclosed cabin of the boat around 3:45 p.m. when a swell rose into a larger wave over the reef, striking the starboard side of Leviathan II and causing it to heel over.
The vessel rolled violently, tossing around some passengers including the other plaintiff in the suit, Marya Levin. Goodfellow struck a portside rail and was “suddenly fully submerged for a considerable period of time beneath the sea as the vessel rolled,” the suit says.
“Robert and Marya remained submerged below the sea water out of breath and in shock until they were able, eventually, to see ocean surface light and swam for their life to the surface,” it says.
Both surfaced near the vessel near two other passengers named in the suit as “Mr. Thomas and his son Stephen,” who were seated on the upper deck, referencing 50-year-old David Thomas and his 18-year-old son Stephen, both British nationals.
“Marya pushed a second cushion toward Mr. Thomas and his son, who was clinging to him, but as the overturned sinking vessel drifted toward them, they were in danger of being struck by rotating propellers,” the suit says.
The pair say they kicked hard away from the vessel while clutching a cushion, but sea conditions were rough.
Marya spotted a lifejacket floating near the wave break on the rocks and reached over a passenger’s body to get it, then the pair swam away from the rocks to a life raft about 100 metres away.
The pair were surrounded by leaked oil and among the damages specified in the suit, say they suffered injuries from breathing and swallowing the oily water.
“Through determination and will to survive, Robert and Marya, after some 45 minutes, reached the lifeboat where three crew members were already on board,” the claim says.
Both are now seeking damages from Jamie’s Whaling Station, the tour operator, due to physical, mental and emotional trauma. They say the capsizing and injuries were caused by the fault, neglect, recklessness, negligence and breach of contract by the company.
Among the injuries, Goodfellow says he suffered head trauma, injuries to his knee and left hip, bruising and contusions all over his body, hypothermia and lung-related issues from the oily water.
Several other lawsuits have already been filed by survivors of the tragedy.
Ian Charles and Jill Zaparyniuk from Edmonton have also filed a suit, detailing their attempts to escape the sinking ship.
Two German passengers, Christian and Dirk Barchfield, have filed a class-action suit against company owner Jamie Bray and the boat’s captain, citing post-traumatic stress disorder.
None of the allegations in the lawsuits have been proven in court.
Jamie’s Whaling Station has called the sinking of the vessel an “act of god.”
