Injured man sues over jet-ski crash

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Giles Corbin, a partner with Mourant, has launched the action against Michal Bartolomiej Dorynek and Tyson Werner Hermann Flath.

According to papers lodged as part of his civil claim, on 9 July 2017, Mr Corbin was in St Brelade’s Bay and was due to attend a prize-giving ceremony at the Royal Jersey Golf Club in Grouville later that day.

Mr Corbin claims that he had been intending to take a taxi to St Helier, where his car was parked. However, while in
the bay he alleges that Mr Flath volunteered to take him to town on a jet-ski which the two men co-owned with another person.

But, according to the legal papers, Mr Corbin declined the offer and repeated his wish to be dropped off at the beach so he could call for a taxi to pick him up.

Despite this, Mr Flath is alleged to have insisted on taking Mr Corbin to town on his jet-ski and the pair set off on the vessel bound for St Helier.

Around four minutes after leaving, the jet-ski was involved in a collision with Severe Attitude, a 17-foot long Malibu Fletcher speedboat which was being driven by Mr Dorynek.

Mr Corbin claims that Mr Dorynek failed to adhere to COLREGS rules – international regulations for preventing collisions at sea – when the incident occurred.

It is alleged that there were too many people on board Severe Attitude at the time of the incident – three women, two men and four children. Legal documents also allege that Mr Dorynek had failed to give way to the jet-ski, had failed to manoeuvre his vessel to avoid the collision and had failed to proceed at a safe speed, among a number of other claims.

However, in Mr Dorynek’s answer, he denies a number of Mr Corbin’s claims.

The answer says: ‘It is denied that Mr Dorynek was negligent, or in breach of duty, either as alleged or at all.

‘It is denied that Mr Dorynek failed to keep a proper look-out, failed to proceed at a safe speed, failed to steer carefully, failed to determine the risk of collision, failed to take avoiding action, failed to alert the jet-ski to the presence of the boat, carried too many passengers on board the boat or suffered reduced manoeuvrability of
the boat.’

Mr Dorynek pleaded guilty to violating shipping laws in relation to the incident in February and was fined £5,000 by the Royal Court.

Meanwhile, in an answer to Mr Corbin’s allegations, Mr Flath claims that the collision and Mr Corbin’s injuries were ‘solely caused or contributed to’ by the first defendant, Mr Dorynek.

He also claims that Mr Dorynek’s vessel was the give-way vessel and that Mr Dorynek was not wearing an engine cut-out kill-cord – thereby removing his ability to quickly cut the speed of his vessel and avoid a collision.

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