Family of man who fell off Fort Myers riverboat files suit against security
Fort Myers FL March 6 2021 The family of a Naples man who fell off a riverboat during a dinner cruise in Fort Myers is suing the security company for negligence.
The body of Joel Henderson, 37, was recovered in the Caloosahatchee River on Dec. 9, a week after he went overboard from the Capt. JP riverboat.
The plaintiff, listed as the Estate of Joel C. Henderson, is suing John Fraioli, owner of Suncoast Security, for negligence, saying the company’s employees were not adequately trained to respond to man-overboard situations. They’re asking for more than $100,000 in damages.
The suit states that on the evening of Dec. 4, 2020, Henderson attended an event promoted as the “Nightmare Before Christmas Brews Cruise,” on the Capt. JP riverboat, departing from the Fort Myers city dock.
Suncoast Security was hired by the event promoter to provide security for the event.
“At approximately 7:40 p.m., Mr. Henderson was descending the starboard stairs of the Vessel when he slipped and fell over the exterior rail into the waters of the Caloosahatchee River,” the lawsuit states.
Frank Carroll, the boat’s first mate, was on the same stairway when Henderson fell, according to the document, and “was immediately aware of the emergency.”
The suit states a “haphazard search was organized” using the boat’s staff and employees of Suncoast Security, but Henderson couldn’t be found.
The plaintiff believes the employees of Suncoast Security were not trained to respond to man-overboard incidents, “nor were they equipped with sufficient tools to assist in the location and rescue of Henderson,” and had they been, Henderson “would like have been rescued.”
The suit states that Suncoast Security “had a duty” to properly train its employees and equip them with tools and resources to deal with such incidents.
The plaintiff is being represented by Naples attorney Todd B. Allen. An attorney is not listed for Fraioli.
On the night of the incident, WINK News spoke with witnesses, including a woman named Vanessa, who said it was obvious Henderson needed help. “People were seeing he was struggling and wanted to help. So many people were trying to get in the water but the staff would not allow anyone to get in the water.”
Vanessa told WINK News she watched Henderson disappear. “He was bobbing, barely keeping his head above water. At that point, he was under the water maybe a minute and we were yelling.”
Then, he was gone. “He was gone. we never saw him come back up after that,” she said.
For 12 hours, crews searched the river between the Cape Coral Bridge and west of US-41 before calling it off and going back the next day.
His body was found about four miles away in the river on Dec. 9.
winknews.com
