Plaintiffs attorneys representing a crew member raped on a yacht docked at a marina had to overcome a major hurdle in presenting their case to jurors: How would they prove a client with only $3,550 in medical bills suffered permanent, devastating injury worthy of a multimillion-dollar award?

It was one of the biggest obstacles for Fort Lauderdale attorneys Brad Edwards and Brittany Henderson of Edwards Pottinger, and Adam Horowitz of Horowitz Law, who landed a $70.6 million verdict on Jan. 29.

“It's always a challenge to show significant injury when the medical bills are low,” Horowitz said. “The challenge is to show this is a young person who suffered—and will continue to suffer—psychological and emotional injuries.”

Their client was a 20-year-old steward at the time of the assault in February 2015. She'd been working for about two weeks on the Endless Summer, a 150-foot mega yacht docked for retrofitting at the Universal Marine Center on the New River in Fort Lauderdale. She'd lived on the boat with deck hand Rafal Dowgwillowicz-Nowicki and a project manager.

The woman was alone on the boat's lower deck when Dowgwillowicz-Nowicki returned from a night of drinking and attacked her for about an hour, according to Horowitz.

Dowgwillowicz-Nowicki later pleaded guilty to four counts of sexual battery, according to Broward County court records.

The woman escaped the cabin when Dowgwillowicz-Nowicki passed out, according to Edwards. She then fled upstairs and banged on the project's manager door for help.

“She knew (her attacker). She had worked with him for about a week,” Edwards said. “When he knocked on her door, she thought it was an emergency at 12:30 in the morning. She cracked open the door a little, but he kicked it in and forced his way in.”

The woman filed suit against against her employer, Island Girl Ltd., claiming it provided no radio for the crew. Her court pleadings also claimed the company had a policy prohibiting intoxicated crew members from returning to the ship, but had no one on board to enforce it.

The three-count civil complaint named ship owner Island Girl and the project manager as defendants, but later dismissed the project manager before trial. It raised two federal claims in the state case—negligence under under the Jones Act and unseaworthiness. It sought “maintenance and cure,” including medical care and unearned wages.

“Anytime that you're dealing with a sexual abuse case, the injuries are emotional. You don't have an X-ray to show someone of a broken bone, or an MRI,” Horowitz said. “But I think society understands now that emotional and psychological injuries can be serious.”

The victim's medical expenses peaked at about $3,550 for 20 therapy sessions, but her lawyers described a woman in distress nearly three years after the attack.

“She has difficulty going to sleep. She sleeps with a machete and a hammer under her bed, with all the lights on,” Horowitz said. “She has panic attacks in public.”

The jury awarded the woman $3,550 in past medical and hospital expenses, but tacked on $286,500 for future bills. It also awarded her $70,000 in net lost wages and earnings up to the date of trial; $4.2 million for future net lost wages and earnings; $6 million for past physical pain and suffering, mental or emotional anguish, inconvenience, discomfort and loss of the capacity for the enjoyment of life; and $60 million for future suffering.

Fowler White attorneys J. Michael Pennekamp, Richard Morris and Christine Walker represented the defendants. They did not immediately respond to requests for comment by deadline. Court records show they argued the defendant had no duty to protect the woman, who allegedly failed to exercise sufficient care to prevent injury.

Henderson said the plaintiffs side proposed settlements with the yacht owner and insurer within the policy limits in anticipation of “an excess verdict that would result in our owning the yacht,” but the parties rejected the offers.

“Our client is an incredible young lady who endured an unimaginable assault, yet exhibited unparalleled courage, strength and poise throughout the entire legal process,” Henderson said. “She represents the current change of the tides regarding sexual abuse, and we could not be more proud to give her a voice and stand by her side in the courtroom.”

Case no.: 16-003324

Description: Jones Act sexual assault

Filing date: Feb. 22, 2016

Verdict date: Jan. 29, 2018

Judge: Broward Circuit Judge Carlos Augusto Rodriguez

Plaintiffs attorneys: Brad Edwards and Brittany Henderson, Edwards Pottinger LLC, Fort Lauderdale; Adam Horowitz, Horowitz Law, Fort Lauderdale

Defense attorneys: J. Michael Pennekamp, Richard Morris and Christine Walker, Fowler White Burnett, Miami

Verdict amount: $70,560,050