# 2016 Lawsuit - Galleon Resort in Key West, FL



## Cropman (Aug 3, 2016)

I don't know if this is on the right board, but how would a successful lawsuit affect a small, independent timeshare.  Just for the record, I do have a vested interest, as I own two weeks there.  I'm curious right now, I'll be nervous later.  Thanks!!

http://www.flkeysnews.com/news/local/article93445827.html


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## DeniseM (Aug 3, 2016)

They should have liability insurance.


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## Cropman (Aug 3, 2016)

Agreed.  However, what if there is an award that exceeds the limits of the insurance?


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## bogey21 (Aug 4, 2016)

Simple.  If award exceeds insurance, Owners of Resort (you) have a problem.

George


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## pedro47 (Aug 4, 2016)

bogey21 said:


> Simple.  If award exceeds insurance, Owners of Resort (you) have a problem.
> 
> George



They also may have an umbrella insurance policy for a million dollars.


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## davidvel (Aug 4, 2016)

pedro47 said:


> They also may have an umbrella insurance policy for a million dollars.


I am sure they have a (non-umbrella) liability policy with at least these limits or more. Not sure the relationship of the entities, but each likely has the same.


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## DeniseM (Aug 4, 2016)

One million dollars liability is nothing - hopefully they have a lot more than that.


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## AKE (Aug 5, 2016)

Its not rocket science that you don't dive into water without first checking the depth. I have stayed at the Galleon a number of times and have never seen anyone go diving or swimming off the dock with all the moored boats and associated traffic in the area.


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## mj2vacation (Aug 6, 2016)

Anyone can file a suit for any reason.  At worst, the resort may have to pay a portion of the "award" as in Florida, it is proportional. So the diver is 90% at fault while the resort is 10%, the resort pays 10% of the total judgement. 

There is an interesting book about Disneyland and lawsuits. The People V Disneyland.  It's not the payday that many would expect.


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## Cropman (May 21, 2017)

_[Threads merged.]_

Just got back from Disney World using our DVC points.  Other than the heat, another great time.  So after unpacking, I start to go thru my mail.  In the mail is a letter from a law firm. It seems the unit owners of the resort, are being sued.  For what, you may ask, let me quote parts of the letter.

...In the Amended Complaint, Plaintiffs allege that Mr. Barlow dove off a wooden recreational deck (it was a boardwalk) at the Galleon and suffered injury to his spinal cord rendering him a quadriplegic. In the Amended Complaint, Plaintiffs assert a negligence cause of action against numerous Defendants, including the Association, and have sought monetary damages, including punitive damages, against the Defendants.

The Association does have insurance coverage relating to the claims asserted in the Lawsuit. The insurance companies are defending the claims and have advised that the Association has numerous meritorious defenses to the Lawsuit.  However, the Plaintiffs are also seeking punitive damages against the Association, which are *not* covered by insurance, and have refused to accept the policy limits of the Association's insurance coverage.  .....

So, a guy who it's been widely reported was drinking, decides to dive thru some ropes headfirst into shallow water, and it's everybody else's fault.  I'm sorry he's now a quadriplegic. My wife and I were both furious and scared when we read the letter.  Furious that we could be included in this and scared of what we could lose.  Mr. Barlow's actions not only affected his family, but is now troubling literally thousands of other families.  I'm sorry, the system is broken.


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## silentg (May 21, 2017)

Why did you get the letter?


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## Cropman (May 21, 2017)

I own weeks at the Galleon.  We are being alerted that we could end up being liable for punitive damages personally.  We have the option to intervene in the Lawsuit, if we choose to do so.


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## silentg (May 21, 2017)

I would consult an attorney


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## VacationForever (May 21, 2017)

Association will need to handle this, no need to contact a separate attorney.  It won't go anywhere as the insurance is set up to protect the owners.


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## Cropman (May 21, 2017)

Cropman said:


> However, the Plaintiffs are also seeking punitive damages against the Association, which are *not* covered by insurance, and have refused to accept the policy limits of the Association's insurance coverage.



This is the part that bothers me the most.


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## dioxide45 (May 21, 2017)

Any damages awarded that are not covered by the insurance policy would end up being assessed to the owners or taken from existing reserves if available. The HOA should be shielding individual owners from individual liability. Though I suppose it is possible that board members could be named in the said suit if it was found that they were somehow negligent with decisions that they made that may have resulted in the accident.


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## VacationForever (May 21, 2017)

Do you have an umbrella policy?  Technically an umbrella policy should also protect you, if money is indeed assessed against individual owners.


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## Cropman (May 21, 2017)

An umbrella policy, yes.


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## VacationForever (May 21, 2017)

You should get in touch with the HOA to make sure the attorney for insurance company fighting this is also going to represent the Association in fighting against negligent suit against the Association.  Otherwise, the Association needs to hire separate attorney, which will be costly.


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## easyrider (May 22, 2017)

If Mr Barlow was a guest I bet he wins. If he was a trespasser and there were no warnings in place I bet he wins. Usually when someone is hurt on private property the owner of the property is on the hook. Severing his spinal cord doing something that may seem stupid does prove he was injured. Maybe he was intoxicated and that was the contributing factor. Even so, I know a couple of paraplegics that were drinking at a party and dived into swimming pools resulting in their condition and these people received insurance payouts. 

The most that will likely happen is the insurance premium goes up. I wouldn't worry about it.

Bill


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## SueDonJ (May 22, 2017)

Here's a FlKeysNews article from 8/3/16: Tourist sues Key West resort after accident leaves him paralyzed

(Thread title edited, moved to FL forum)


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## dioxide45 (May 22, 2017)

SueDonJ said:


> Here's a FlKeysNews article from 8/3/16: Tourist sues Key West resort after accident leaves him paralyzed
> 
> (Thread title edited, moved to FL forum)


I recall this being posted here a while back when this story was posted.


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## pedro47 (May 24, 2017)

What was the outcome of this lawsuit or is it still in the court system?


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## dioxide45 (May 24, 2017)

pedro47 said:


> What was the outcome of this lawsuit or is it still in the court system?


Still in the system.


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## IslandTime (Jun 8, 2017)

Here is the latest news, settlement was announced today:

http://www.flkeysnews.com/news/local/article155058339.html


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## dioxide45 (Jun 8, 2017)

It will be interesting to know how much the HOAs insurance picks up of the tab and how much individual owners will be assessed, if anything.


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## hurnik (Jun 8, 2017)

Wow.  Just...wow, is all I can say.  OK I can say more.
Wonder if he'll return the over $150,000 to the go fundme folks?
I'm guessing the lawyers probably got 1/3 of the almost $11 million settlement.

Yeah, I'd guess the MF would go up as the insurance rates will definitely increase for the resort.


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## dioxide45 (Jun 9, 2017)

About $500 in signs would have prevented this.


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## ssreward (Jun 9, 2017)

In the same way truth is an absolute defense for libel/slander, idiocy really, really needs to be a defense for personal injury....it's appalling that he won a penny!


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## clairebear (Jun 13, 2017)

It's my understanding that the Tiki bar is separate from the resort, so maybe owners won't be affected.  Regardless, glad we just sold our unit.


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## TUGBrian (Jun 13, 2017)

even if insurance covered it all (although im sure with a settlement that large, the defense lawyers will appeal till the cows come home)...id imagine the insurance premiums would go up significantly and thus impact owners either way.


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## VacationForever (Jun 13, 2017)

2


clairebear said:


> It's my understanding that the Tiki bar is separate from the resort, so maybe owners won't be affected.  Regardless, glad we just sold our unit.


I believe Tiki bar was only 1million of the judgment.


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## davidvel (Jun 13, 2017)

dioxide45 said:


> It will be interesting to know how much the HOAs insurance picks up of the tab and how much individual owners will be assessed, if anything.





VacationForever said:


> 2
> 
> I believe Tiki bar was only 1million of the judgment.


This was a _settlement_, not a judgment. The insurance will cover everything. An insurance carrier cannot settle part of the case and make the owners liable for a portion.


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## dioxide45 (Jun 13, 2017)

TUGBrian said:


> even if insurance covered it all (although im sure with a settlement that large, the defense lawyers will appeal till the cows come home)...id imagine the insurance premiums would go up significantly and thus impact owners either way.


Not sure there will be any appeal. I understand that it was a settlement, it never went to trial.


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## TUGBrian (Jun 13, 2017)

whew, 11 million dollars was what they agreed to?  what on earth were they asking for in the first place.


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## dougp26364 (Jun 13, 2017)

There has to be more to this case than anyone not associated with it knows. Perhaps there had already been several "near misses" that were never addressed appropriately, leading to the likelihood of a judgement against the resort. McDonalds lost the hot coffee case in large part because, as I understand it, they had been cited more than once for having the temperature of their coffee to hot (hot enough to scald).

Then again, all one has to do is read the warnings posted on anything you purchase to understand people are idiots. I'm often amazed the human species has survived as long as we have. From a very young age I've had it pounded into my head to NEVER jump head first into water which I don't know.

Many years ago there was a beautiful clear water spring, obviously VERY deep with a great rock ledge for diving. There as a HUGE sign posted, "NO DIVING." I was maybe 13 years old and ask my dad why they wouldn't allow diving into what was obviously a deep clear water pool. He had me put my hand in the water. It was in the 50's for a temp. It was a cold water spring and that water was cold enough to make a person cramp, sink and drown. It was another teaching moment of "don't jump into water you're not familiar with, especially head first"

I learned my lesson by asking. Some people learn by jumping. To bad for this guy and his family he learned by jumping. No amount of money will ever be enough to compensate him for what he's lost. Maybe the resort will learn a lesson by paying up too.


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## Conan (Jun 26, 2017)

http://www.miamiherald.com/news/local/community/florida-keys/article155116719.html


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## stevio99 (Jun 26, 2017)

Its a shame the owners are gonna have to pay for this.  Yes, there should have been a sign that said "No diving", but you really shouldn't be diving in any resort pool.  Deep ends in resort pools are far and few between.


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## rapmarks (Jun 26, 2017)

stevio99 said:


> Its a shame the owners are gonna have to pay for this.  Yes, there should have been a sign that said "No diving", but you really shouldn't be diving in any resort pool.  Deep ends in resort pools are far and few between.



This was about diving off a pier not a pool deck


Sent from my iPad using Tapatalk


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## Sugarcubesea (Jun 26, 2017)

stevio99 said:


> Its a shame the owners are gonna have to pay for this.  Yes, there should have been a sign that said "No diving", but you really shouldn't be diving in any resort pool.  Deep ends in resort pools are far and few between.


Plus I'm thinking it's going to be a large assessment to the owners.  I feel bad for him but common sense has to apply to people stupid stuff


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## b2bailey (Jun 26, 2017)

It sounds like the insurance companies will pay.


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## Bwolf (Jun 26, 2017)

Indeed, this is an example of why resorts carry insurance.


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## rapmarks (Jun 26, 2017)

This happened to a student in a lake off a fishing boat.  The school nurse brought him to class, sometimes we had to help him get back upright, the nurse would comeback for catherization time.  My high school friends husband dived into hotel pool on vacation in Wisconsin dells, he died sometime later from pneumonia, about early thirties.  


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## Sea Six (Jun 26, 2017)

No appeal?


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## dioxide45 (Jun 26, 2017)

Lengthy thread already here.

http://tugbbs.com/forums/index.php?threads/2016-lawsuit-galleon-resort-in-key-west-fl.244875/


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## TUGBrian (Jun 26, 2017)

merged


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## dioxide45 (Jun 26, 2017)

Sea Six said:


> No appeal?


It was a settlement, not a judgement. So no appeal.


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## dougp26364 (Jun 27, 2017)

Sounds like the insurance company settled. So I'm guessing any assessment will be mitigated to a maintenance fee increase to cover any increase in insurance premiums.


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