Daily Mail

Widow sues Tui for £560k af ter husband drowns snorkellin­g

- Daily Mail Reporter

A WIDOW is suing holiday giant Tui for £560,000 after her husband drowned during a ‘poorly monitored’ snorkellin­g lesson on a dream Caribbean trip.

Roy Fawcett, 58, died on Paradise Island in the Dominican Republic two days before the end of their all-inclusive package break.

While his wife Susan, 60, stayed in the shallows, he joined others for a more advanced lesson in deeper waters – then failed to return with the group. He was later spotted ‘floating face down in the water and not moving’.

Mr Fawcett was rushed to hospital, but pronounced dead. At a UK inquest the senior coroner for South Staffordsh­ire, Andrew Haigh concluded he had died from ‘accidental drowning on a poorly monitored holiday excursion’.

His widow is now suing Tui at the High Court in London, claiming it was responsibl­e for her husband’s fatal accident in October 2017. Her lawyers argue Mr Fawcett was inadequate­ly prepared for the lesson and left unsupervis­ed.

The couple, from Swindon, Wiltshire, booked a stay at the luxury Club Hotel Riu Bachata via Tui and Mrs Fawcett says they signed up for the snorkellin­g excursion to an offshore island on the clear understand­ing that it was provided by Tui. But the firm denies any responsibi­lity for organising it, the court heard.

Also suing Tui are fellow snorkeller­s Jamie Elkaleh, 29, and Aimee Allen, 29, who saw Mr Fawcett’s last moments and struggled to save him as he slipped away.

It was Mr Elkaleh who put Mr Fawcett in the recovery position and freed his tongue after he was finally pulled on to the island beach, court documents disclose.

Miss Allen, a nurse, then told helpers to move the dying man because ‘incoming waves were still covering his face’.

Both say they were left mentally scarred from watching the ordeal, Miss Allen suffering an ‘acute distress disorder’ and Mr Elkaleh stricken by PTSD and depression, it is claimed.

The case reached court this week in a preliminar­y hearing to decide what expert evidence will be needed at the trial.

The court heard there were questions over the precise cause of Mr Fawcett’s death, with speculatio­n that he may have struck his head or that fluid on the lungs may have been a contributo­ry factor.

Mrs Fawcett’s barrister Andrew Young told Judge Roger Eastman: ‘We put our case in three ways: first we say that Mr Fawcett wasn’t given sufficient guidance

‘Mentally scarred from watching the ordeal’

or training in how to use his equipment, second we say he was not properly supervised when he was doing the snorkellin­g, and when it was realised that he had been taken ill and needed assistance, that was incompeten­tly carried out.

‘We say that the excursion provider, and therefore indirectly Tui, were responsibl­e for his death.’

But Tui says the snorkellin­g trip was not part of the package it provided and therefore not the travel company’s legal responsibi­lity. A date has not yet been set for the full trial of the damages claims.

 ?? ?? Dream holiday: Susan and Roy Fawcett
Dream holiday: Susan and Roy Fawcett
 ?? ?? Luxury: the Club Hotel Riu Bachata
Luxury: the Club Hotel Riu Bachata

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