The lawyer for the family of Enoch Tonga claimed at a press conference on Wednesday that the yacht’s crew did not warn the victim about the danger of jumping into the water
A family is suing the yacht company, as well as other companies and individuals, for negligence after their loved one jumped off a yacht and drowned in the waters of Florida’s Biscayne Bay in March.
The lawsuit, filed in Miami-Dade County by an attorney on behalf of Enoch Tong’s family, alleges that the victim, Tong and 12 other passengers were on the yacht Victoria on March 18, 2023, for a charter cruise around Biscayne Bay.
While anchored in the bay, Tong, 20, jumped from the boat “when he was caught by the tide and began to struggle to stay afloat,” according to the complaint, which also alleges that “as a direct and immediate result, ” Tong “drowned and sustained severe injuries that resulted in his death on March 19, 2023.”
The complaint stated that his body was found a day after the incident.
During a press conference Wednesday, shared by local news outlet WPLG, attorney Pedro Echarte said that “on March 18, 2023, Enoch Tong and his friends chartered a vessel from Impulsive Life LLC and its owner, Darien Fresco, who are named as defendants this lawsuit.”
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Echarte claimed that after several hours of cruising around the bay, the ship was anchored.
He said the currents were strong and strong at the time of the incident and stated that “neither the captain nor the officer on board that vessel warned Enoch or any of the passengers of the danger of swimming that existed.”
He then said Tong jumped into the water and began to struggle away.
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Mattie Bess, Tong’s mother, also spoke at the press conference, recalling the last time she saw her son that day. “I stand before you today,” she said, “with a heart heavy with grief as a mother who tragically lost her beloved son in a devastating incident.”
“I want to make sure that no other parent has to go through the pain and suffering that my family is going through right now and will go through for the rest of our lives,” she added.
Enoch Tong.
USCGS Southeast/X
In the lawsuit, the family filed negligence claims against Impulsive Life LLC, Starward Yachts Inc, Jones Boat Yard Inc, multiple “acts and omissions” including: “failure to reasonably and properly train, instruct or supervise its employees, agents, contractors, foremen , officers, crew or seamen”; “allowing unqualified and untrained employees, agents, contractors, masters, officers, crew or seamen to operate the Victoria”; failing to equip or use available safety and rescue equipment on the Victoria”; “failing to exercise reasonable and appropriate safety policies and procedures for their passengers (or failing to teach them to the crew)”; and “failing to warn their passengers of the risks of diving, especially during bad or deteriorating weather conditions.”
Additionally, the complaint made allegations of negligence against multiple individuals, including crew members on the ship. The family is seeking damages in excess of $50,000, “without interest, costs and attorneys’ fees.”
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According to the complaint, the plaintiff “demands a trial by jury on all issues as a matter of law to be decided by a jury.”
At a news conference in March, Miami Fire Lt. Pete Sanchez said, according to NBC affiliate WTVJ: “We know his friends threw their life jackets to try to help him, but unfortunately, the current was just too strong.”
WSVN reported that a police investigation was launched in March, but no one has been charged.
PEOPLE was unable to find contact information for Impulsive Life, LLC. Starward Yachts did not immediately respond to PEOPLE’s request for comment. Jones Boat Yard was not immediately available for comment when PEOPLE reached out.
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