Texas Vessel Owner Files Federal Limitation of Liability Action After Passenger Suffers Spinal Injuries in Rough Atlantic Crossing
Gary S. Werra, a resident of Texas, along with Florida entity GSW Ventures, LLC, has filed a verified complaint for exoneration from or limitation of liability in the United States District Court for the Southern District of Florida, Fort Lauderdale Division. The action, assigned Case No. 0:26-cv-62622-RS, arises from an incident aboard the motor yacht G Dub, a 2014 Azimut 70 luxury vessel, during a voyage across the Atlantic Ocean from Bimini, Bahamas, to Fort Lauderdale on March 17, 2025. Passenger Kimberly Grogan reportedly sustained serious spinal injuries while the yacht encountered severe, unforecasted open-water sea conditions.
Luxury Yacht Voyage from Bimini to Fort Lauderdale Traverses Rough Waters Leading to Passenger Spinal Injury
The federal filing details that the vessel set sail across the Straits of Florida after checking advance weather reports predicting moderate wave heights between three and four feet. Once out at sea, the vessel encountered wave conditions and rough waters that significantly exceeded the marine forecasts. Werra, acting as manager and owner pro hac vice of the vessel alongside record owner GSW Ventures, LLC, had placed the yacht under the control of a licensed captain for the crossing. The yacht was operating as a private recreational voyage carrying passengers rather than as a commercial ferry or chartered vessel carrying passengers for hire.
Vessel Owners Seek Exoneration from Fault Citing Yacht Safety Protocols and Passenger Movement During Heavy Seas
According to the petition, the captain and crew established clear safety protocols prior to departure, including a buddy system requiring passengers to remain mindful of each other and monitor their locations throughout the transit. The owners contend that Grogan quietly retreated to the lower forward cabin without alerting her assigned buddy or maintaining safety communication while the yacht traversed rough seas. While Grogan occupied the forward cabin, all other passengers remained gathered in the main salon of the yacht and completed the passage without sustaining harm or injury. The owners argue that any resulting injuries stemmed from sudden natural sea conditions or the passenger failing to exercise proper caution for her personal safety rather than vessel negligence.
Maritime Petition Invokes Federal Limitation of Liability Act to Cap Claims at Yacht Value Following State Lawsuit
The federal petition was initiated following a written demand from Grogan legal counsel John H. Hickey, Esq., demanding medical payments for spinal trauma, alongside a related personal injury lawsuit filed in the Circuit Court of the Seventeenth Judicial Circuit in Broward County, Florida, under Case No. CACE-26-012912. Invoking the federal Shipowner Limitation of Liability Act under 46 U.S.C. Section 30501, the vessel owners request full exoneration from maritime negligence claims, or in the alternative, that all aggregate liabilities be strictly capped at $1,200,000, representing the post-voyage fair market value of the vessel. The owners further ask the federal admiralty court to stay and enjoin all state court proceedings in Broward County, requiring all claims arising from the crossing to be resolved exclusively within the federal forum.
Contact a Maritime Passenger Injury and Yacht Accident Lawyer Today if You Were Injured on Navigable Waters
Passengers injured while aboard private luxury yachts, charter vessels, or commercial cruise liners due to sudden sea conditions, operational failures, or inadequate onboard warnings face unique legal hurdles under federal maritime law. Vessel owners frequently utilize statutory limitation actions to restrict injury recovery to the post-casualty value of the watercraft, making experienced legal guidance essential when litigating open-water trauma. If you or someone you care about suffered severe injuries during an ocean passage or boating excursion, speaking with an experienced maritime personal injury attorney can ensure your legal rights are fully protected.
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Disclaimer: Our firm does not represent the plaintiff in this case and is not involved in the litigation. The information provided is a summary of allegations based on publicly available court filings. We make no representations about the truth of these allegations, are not commenting on the merits of the case, and are not predicting any outcome.
