Lawsuit in fatal sinking settled

Duck boat firm, family reach deal

The owner of the Branson duck boat that sank in July, killing 17 people, has settled its first lawsuit, according to an article in The Kansas City Star.

William Bright, 65, and Janice Bright, 63, of Higginsville, Mo., were on Stretch Duck 07 when the amphibious vehicle sank July 19 in Table Rock Lake. The Brights were celebrating their 45th wedding anniversary in Branson, which is about 10 miles north of the Arkansas state line.

The couple’s three adult daughters — Michelle Chaffer, Rebekah Whittington and Christina Taylor — filed the lawsuit in Missouri state court in late July, contending that four defendants were negligent in their parents’ deaths.

Defendants in the case were Ride the Ducks International LLC; Ripley Entertainment Inc., which owns Ride the Ducks in Branson; the captain of the vessel, Kenneth McKee; and its driver on land, Robert Williams, who died when the boat sank.

Adam Graves, one of the

attorneys for the daughters, said the settlement between the three and Ripley Entertainment was finalized Thursday night, according to the Star. He said the terms of the settlement were confidential. Graves didn’t return a telephone call or email message Friday.

The Bright family’s lawsuit is one of several involving the sinking that have been filed in state or federal courts.

An Arkansas father and son — Steve Smith, 53, and Lance Smith, 15 — died when the duck boat sank.

A federal lawsuit filed by Pamela Young Smith and Loren Smith of Osceola is still pending. Pam Smith is Steve’s widow. Loren Smith, his daughter, survived the duck boat sinking. She was 14 years old at the time of the incident.

Steve and Lance Smith are also listed as plaintiffs in the federal suit.

The Smith family filed the suit in September against Ripley Entertainment and Ride the Ducks International. The complaint was submitted by their attorneys, Angela C. Artherton and Clifford W. Plunkett of the Arkansas-based law firm Friday, Eldredge & Clark LLP.

The Smiths’ suit notes the “deadly history” of duck boats.

“At least 39 people have died in Duck Boat accidents since 1999,” according to the suit, which cited a 1999 duckboat sinking on Lake Hamilton near Hot Springs that killed 13 people.

According to the Smiths’ suit, the duck-boat captain was instructed to alter the normal route and do the “waterborne portion” of the tour first.

Passengers began to board at 6:29 p.m., and a severe thunderstorm warning was issued three minutes later, according to the suit.

“However, defendants proceeded with boarding and the duck boat tour began anyway,” according to the suit. “The duck boat entered the waters of Table Rock Lake at 6:55 p.m., more than 20 minutes after the severe thunderstorm warning was announced.”

Shortly after entering the water, the waves began to “whitecap” and the winds increased in velocity, according to the suit.

“The captain ordered the plastic side curtains lowered over the windows on the duck boat at 7 p.m.,” according to the court document. “This decision later prevented passengers’ escape through the windows of the duck boat.”

The bilge alarm sounded at 7:04 p.m., indicating that the buck boat had begun taking on water, according to the suit.

“The duck boat’s onboard recorder stopped working at 7:08 p.m., and the duck boat subsequently sank to the bottom of Table Rock Lake only a short distance from land,” according to the suit.

The duck boat wasn’t seaworthy as a passenger vessel because of inadequate reserve buoyancy to prevent sinking when flooded and inadequate bilge pumps to prevent it from sinking when it took on water, according to the suit.

It also lacked passenger egress locations and “its overhead canopy was a known trap to passengers in the event of sinking,” according to the suit.

In addition to the liability and negligence of the duckboat operators, the suit notes the injuries suffered by Loren, which included “emotional distress, psychological pain and suffering, severe mental anguish, and other psychological, emotional, and mental injuries as a result of witnessing injuries other passengers suffered and the deaths of her brother and father.”

The Smiths, who are demanding a jury trial, are suing for unspecified compensatory damages.

Shortly after entering the water, the waves began to “whitecap” and the winds increased in velocity, according to the suit.