Clearwater Ferry crash victim sues Jeffry Knight after deadly collision

CLEARWATER, Fla. - A Pinellas County school teacher who was onboard the Clearwater Ferry when it was involved in a deadly crash is suing Jeffry Knight, the boater who was operating the vessel that slammed into the back of the ferry. 

What we know:

According to the lawsuit, Nicole Makelele is suing Knight for more than $50,000. 

The lawsuit states that Makelele "suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of medical care and treatment, loss of earnings, and aggravation of previously existing conditions. These losses are either permanent or continuing in nature, and [she] will suffer such losses in the future."

It accuses Knight of operating his boat in a careless manner, including excessive speed, failing to take evasive action, and fleeing the scene without rendering aid.

So far, no criminal charges have been filed against Knight. 

The backstory:

Knight was the operator of the recreational boat that crashed into the Clearwater Ferry near the Memorial Causeway Bridge on the night of April 27. It left Palm Harbor father of two, Jose Castro, dead and 10 others injured.

The Florida Fish and Wildlife Conservation Commission (FWC) said more than 40 people were on board the Clearwater Ferry at the time of the crash, and six people were on board the 37-foot recreational boat.

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FWC investigators said they spoke with Knight after the crash, and he and all the passengers on the recreational boat were cooperative with the investigation. Knight even did a voluntary breathalyzer test, which came back with a reading of zero.

However, FWC says no blood tests were done. 

Conflicting statements

What they're saying:

Attorney J. Kevin Hayslett, who represents Knight, sent two letters to investigators along with three witness statements from passengers onboard Knight's boat.

Hayslett said that one of Knight's passengers called 911 while Knight tried to render aid to the victims, then only left the scene once his boat took on too much water and first responders arrived.

Another passenger said Knight was yelling, "They had no lights. Where the f*** were their lights?"

A third letter, written to the FWC on Knight's behalf, stated "According to 33 CFR § 83.34(d) (Rule 34 of the Inland Navigation Rules), when a vessel is in sight of another and there is doubt as to the other vessel’s intentions, the proper and immediate response is five short and rapid blasts on the vessel’s whistle or horn," Hayslett said. "This signal is critical to prevent collisions and is considered the standard response to imminent danger."

In the letter, Knight's attorney said a passenger reportedly heard the captain or a crew member shout, 'Hey, hey, hey!' just before the crash.

"Multiple witness statements and press accounts indicate that no such horn signal was made prior to the crash," Hayslett said.

Knight's attorney also questioned the capacity on the ferry and whether it was in compliance with USCG requirements.

He requested the preservation of ticket sale logs for the ferry, Maddie's Crossing. Hayslett continued to question the ferry's navigation lighting, specifically the stern light and side lights on the vessel.

"On Maddie’s Crossing, the only visible white light appears to be mounted foreship," Hayslett said. "Though this light was elevated above the deck, a vessel approaching from the stern would not have seen this light as it was obstructed by the canopy.

Knight's attorney requested the preservation of evidence including the ferry's navigation system, on-board camera data, 911 calls and maintenance log of the ferry.

The other side:

However, attorneys for Mickey Keenan, P.A., a law firm representing victims, including the family of Marcos Pacheco and Brenda Alvarez, say Knight's version of events does not match what took place the night of the crash.

Lawyers pointed out three statements, in particular, writing:

"Knight’s Claim 1: Allegations of "leaving the scene" are without Legal or Factual Basis.

Truth: Jeffry Knight, LEFT THE SCENE of the crash, this is the only fact that is undisputed. He drove away, period, end of story.

Knight’s Claim 2: "In the moments before the collision, the captain and many PASSENGERS were distracted by dolphins in the area, diminishing navigational awareness."

Truth: Blaming the victims for this crash is offensive and improper. If it was light enough out that the victims could see dolphins, why couldn’t Knight see a massive ferry directly in front of him? The answer: Because he wasn’t paying attention.

Knight’s Claim 3: "The Clearwater Ferry was not displaying the required navigational lights at the time of the accident" … "The uncontested facts show that Mr. Knight acted in full compliance with Florida law."

Truth: None of Mr. Knight’s actions were responsible, lawful, or in sound judgment. The video of the ferry crash is not ambiguous, Knight’s failure to follow the relevant nautical rules is the primary cause of the collision with the ferry.

No matter what Jeffry Knight says, it is clear that his actions caused this collision and the immeasurable pain and suffering of his victims."

Dig deeper:

Scot Seplowe, who is representing Pacheco and Alvarez, says some of the statements made by Knight's attorney since the crash add insult to injury.

"They're dealing with the trauma," Seplowe said. "They're deal with their injuries, but ultimately now, they're dealing with someone blaming them."

The couple says they were coming back from Clearwater Beach with their young children the night of the crash.

"It has definitely not been easy, for sure, on any of us and just, it's draining," Alvarez said. "It's emotionally draining."

The couple responded to statements made by Knight's attorney that questioned the lighting and navigation on the ferry.

"We could see them," Pacheco said. "We could see them, and then they're claiming that they couldn't see our ferry, but they can see that we were being distracted like all kind of this. It's almost insulting."

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They also responded to a statement made about some passengers on the ferry being distracted by dolphins right before the crash.

"There was no dolphins," Alvarez said. "If anybody needs to hear that, there was no dolphins. We would have been the first to point them out because we have toddlers and you know, we always like to see things that are going on around us and we would've liked to point out the dolphins if we were to have seen dolphins."

Although Knight's attorney says he acted lawfully and responsibly at every point after the crash, the couples' attorney says otherwise.

The couple says they want to see this investigation come to a resolution, so their family can move forward.

"We're not here to point fingers," Pacheco said. "We were put in a position that we shouldn't have been, that our kids shouldn't have been. So, we just wanted to be able to heal and move on and be there for our kids." 

What's next:

The lawsuit states that Makelele is demanding a trial. 

What you can do:

FWC is still investigating the crash and is asking for any video footage from the area between 8 p.m. and 8:45 p.m. on April 27.

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