Stuart Grossman

Grossman Roth Yaffa Cohen

Stuart Grossman reached a $10.75 million settlement for the family of vacationing Massachusetts resident Bemard Barlow, his wife and children after he was paralyzed in a diving accident at a Key West resort in April 2015.

Barlow, then 40, was swimming next to a tiki bar at the Galleon Resort and dove into the ocean three times from the bar deck. He hit bottom on the third dive, not realizing the tide had gone out over the course of the afternoon. He broke his neck and was rendered a quadriplegic. A vacationing nurse in the water helped rescue him.

There was a thin rope along portions of the deck edge, but there was no barrier and no “No
Diving” signs posted. Grossman sued the Galleon and the owner of the Sunset Tiki Bar & Grille, which claimed no responsibility to warn against diving or to erect a barrier to prevent it.

Under oath, the defendants denied posting any warning signs. But the law firm located online photos and videos showing “No Diving” signs posted in the past.

The defendants also denied visitors dove from the deck without injury, but other incidents were found, opening the door to punitive damages.

Grossman knew Barlow, a mortgage broker and Iraq war veteran, faced significant exposure to comparative fault since there was evidence he had consumed alcohol.

The legal team also considered the Key West venue to be unfavorable and the jury possibly unsympathetic because Keys residents know how shallow the water is.

The settlement was reached in June less than two weeks before the scheduled trial. insurance policies were in place to cover the full $10.75 million.

Grossman Roth

Stuart Grossman

Grossman Roth Yaffa Cohen

Stuart Grossman reached a $10.75 million settlement for the family of vacationing Massachusetts resident Bemard Barlow, his wife and children after he was paralyzed in a diving accident at a Key West resort in April 2015.

Barlow, then 40, was swimming next to a tiki bar at the Galleon Resort and dove into the ocean three times from the bar deck. He hit bottom on the third dive, not realizing the tide had gone out over the course of the afternoon. He broke his neck and was rendered a quadriplegic. A vacationing nurse in the water helped rescue him.

There was a thin rope along portions of the deck edge, but there was no barrier and no “No
Diving” signs posted. Grossman sued the Galleon and the owner of the Sunset Tiki Bar & Grille, which claimed no responsibility to warn against diving or to erect a barrier to prevent it.

Under oath, the defendants denied posting any warning signs. But the law firm located online photos and videos showing “No Diving” signs posted in the past.

The defendants also denied visitors dove from the deck without injury, but other incidents were found, opening the door to punitive damages.

Grossman knew Barlow, a mortgage broker and Iraq war veteran, faced significant exposure to comparative fault since there was evidence he had consumed alcohol.

The legal team also considered the Key West venue to be unfavorable and the jury possibly unsympathetic because Keys residents know how shallow the water is.

The settlement was reached in June less than two weeks before the scheduled trial. insurance policies were in place to cover the full $10.75 million.