OCEAN CITY — In a landmark case that could eventually have implications in Ocean City and all areas frequented by boaters, a federal appeals court last week ruled the U.S. Coast Guard could not be held liable for allegedly failing to act quickly to a report of an overdue boat off the coast of North Carolina in 2007 during which one boater drowned.
While the case occurred in the Outer Banks of North Carolina, its outcome could have implications in any place where the Coast Guard is asked to respond to boaters in distress including Ocean City and the surrounding areas. In this case, a North Carolina couple fell into the water from their 20-foot boat and were reported overdue. The Coast Guard initiated a limited response at first and ramped up their response after their unattended vessel was found the next morning. The male victim drowned and the female victim treaded water for 12 hours before making it to shore.
“The central issue in the case concerns whether the Coast Guard breached a duty of care in attempting to rescue Susan Turner and her husband, Roger Turner, Jr.,” the appeals court opinion released last week reads. “Based on the record in this case, we conclude that the Coast Guard is not liable for Ms. Turner’s injuries or Mr. Turner’s death.”
The case arose from a tragic boating accident that occurred in the coastal waters of North Carolina in 2007. On July 4, 2007, Roger and Susan Turner left their home on the Little River on their private 20-foot motorboat intending to watch holiday fireworks. Before leaving, Roger Turner spoke to his father, telling him the couple would be going to one of three locations. After leaving for the holiday excursion, the couple traveled in their boat to the home of a friend on the Perquimans River.
The Turners left the friend’s home around 8:30 p.m. by boat, and by then, the seas were rough with three- to four-foot waves. The Turners were not wearing life jackets, according to court reports. When Susan Turner attempted to move from the bow to the stern, she fell overboard around 9 p.m., about a mile and half offshore. Susan Turner called out to her husband, who attempted to turn the boat around to retrieve her.
According to court records, Susan Turner could see the boat coming back for her, but could not see her husband. At some point soon thereafter, Roger Turner entered the water, while their boat stayed afloat and drifted downriver. When the couple had not returned by around 9:30 p.m., Roger Turner’s father became concerned. He had tried to call the Turners on their cell phones to no avail and called 911 around 12:25 a.m.
The North Carolina Wildlife Commission forwarded the information to the U.S. Coast Guard, who returned Roger Turner, Sr.’s call around 1 a.m. Roger Turner Sr. told the Coast Guard the missing couple could be in one of three locations. He also told them the Turners were experienced boaters and strong swimmers. He also told the Coast Guard their vessel was equipped with flares, a VHF radio, cell phones, flotation devices, and anchor and food and water.
“Upon receipt of this information, the Coast Guard decided that, due to the number of potential locations and the current deployment of search assets on a confirmed emergency mission, the Coast Guard would not initiate an active search for the Turners’ overdue boat at that time,” the court records read. “Instead, the duty officer informed Roger Turner, Sr. that the Coast Guard would begin making radio calls and would inquire with local marinas later that morning.”
Shortly before 8 a.m., the Coast Guard dispatched a 21-foot utility boat from the Oregon Inlet Coast Guard Station and began searching the area of Mann’s Harbor, one of three possible locations provided by Roger Turner, Sr. Meanwhile the host of the party the Turners had attended, aware of their failure to return home, began retracing the Turners likely return route up the Perquimans River. He discovered the Turner’s boat, beached and empty, around 9 a.m.
After receiving the information, the Coast Guard then reclassified the incident from a possible overdue to an overdue distress. The Coast Guard then launched 12 manned search and rescue boats and planes and search over 173 square nautical miles. The Coast Guard suspended its search efforts on July 6 at 7 p.m. During the night of July 4 and into the morning of July 5, Susan Turner treaded water for nearly 12 hours, surviving by clinging to crab buoys. She came ashore around 9:20 a.m. on July 5.
Despite the Coast Guard’s extensive efforts, Roger Turner was not found. His body washed ashore two days later. The medical examiner listed his cause of death as drowning, but could not identify a precise time of death. Susan Turner later filed a wrongful death civil suit against the Coast Guard, alleging the agency failed to act quickly enough to prevent the tragedy and save her husband.
The U.S. District Court for the Fourth Circuit ruled in favor of the Coast Guard and dismissed the case, but the plaintiffs appealed and it was forwarded to the U.S. Court of Appeals for the Fourth Circuit. Last week, the Appeals Court upheld the lower court’s decision and ruled again in favor of the Coast Guard.
“The evidence must show that the rescuer failed to exercise reasonable care in a way that worsened the position of the victim,” the opinion reads. “The Turners have not shown the Coast Guard’s actions worsened their position. Whatever happened to the Turners, the Coast Guard did not increase the risk of harm that confronted the unfortunate couple. In fact, the Coast Guard did not intervene in their situation at all until their boat was discovered grounded, so it could hardly have worsened their position. Indeed, the thrust of the plaintiff’s case is that the Coast Guard should have done something to alleviate the Turner’s predicament sooner. As we noted above, the Coast Guard was under no obligation to do so.
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