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Lawsuit Filed After Passenger Suffers Spinal Injury on Boat Test Ride Operated by OneWater Marine Sales Rep
Plaintiff James Emore, a Maryland resident, has filed a personal injury lawsuit in Florida state court against OneWater Marine Holdings, LLC, OneWater Marine Inc., and sales consultant Johnathan Montgomery. The lawsuit arises from a test ride conducted in rough sea conditions, during which Emore—an invited guest—was allegedly thrown into the air and seriously injured when the vessel pitched violently. Emore claims the test ride was part of a sales demonstration and that the vessel was operated negligently by Montgomery, who was acting within the scope of his employment at OneWater Marine.
Maryland Resident Files Lawsuit in Broward County After Injury During Rough Water Test Drive on OneWater Marine Boat
Case Title: James Emore v. OneWater Marine Holdings, LLC; OneWater Marine Inc.; Johnathan Montgomery
Jurisdiction: Circuit Court of the 17th Judicial Circuit, Broward County, Florida
Filing Date: February 28, 2025
Incident Date: April 9, 2022
Vessel Involved: 2022 Parker 28′ Center Console Twin-Engine Boat
Location of Incident: Hillsboro Inlet, Pompano Beach, Florida
Allegations Include Negligent Operation, Failure to Warn, and Vicarious Liability for Sales Consultant’s Actions
Key Negligence Allegations Against OneWater Marine and Its Sales Consultant
The complaint sets forth seven counts of negligence, including:
- Negligent Operation: Defendant Montgomery allegedly operated the boat recklessly during rough seas, failed to designate safe seating, and gave no warnings.
- Negligent Failure to Warn: Both Montgomery and OneWater Marine are accused of failing to alert Emore about sea conditions or provide safety instructions.
- Negligent Entrustment: OneWater Marine allegedly entrusted vessel operation to an unqualified, untrained sales consultant.
- Vicarious Liability: Emore asserts OneWater is liable for Montgomery’s actions under respondeat superior.
- Violation of Florida Boating Laws: The lawsuit cites multiple violations under Florida Statute § 327.33 and 33 CFR Part 83 (Navigation Rules).
Serious Injuries Sustained During Boat Ride
While standing at the bow during the ride through Hillsboro Inlet, Emore was allegedly lifted and slammed onto the deck when the boat encountered high waves. He suffered:
- A burst fracture at L1
- Required spinal fusion surgery from L1 to L4
- Lasting pain, disability, and loss of income
Damages sought include past and future medical expenses, loss of earning capacity, and pain and suffering.
What the Emore v. OneWater Marine Lawsuit Means for Boat Dealers and Maritime Injury Liability
Expanding Liability for Boat Test Rides Conducted by Dealers
This case raises significant issues regarding the legal responsibilities of boat dealerships conducting sales demonstrations, particularly:
- Are dealerships liable when untrained staff operate vessels with prospective buyers or guests aboard?
- What constitutes a “seaworthy” vessel and “seaworthy” operator under admiralty law when boats are taken on test runs?
- Do sales consultants have a duty to monitor passengers and enforce safety during test drives?
The lawsuit draws from maritime law principles typically applied in cruise and commercial vessel injury cases—suggesting a shift toward heightened safety expectations in recreational boating contexts.
Trends in Boating Injury Litigation
This complaint follows other recent filings where passenger injuries on private or dealership-operated vessels have led to multi-count lawsuits. Emore’s legal team argues that the dangerous sea conditions and lack of instruction were known or should have been known by OneWater and its employee.
The case underscores a growing legal trend:
- Applying navigational rules (COLREGS and CFRs) to recreational and demo boat operations
- Emphasizing dealer liability under vicarious responsibility doctrines
Injured on a Boat Ride or Test Run? You May Be Entitled to Compensation
Whether you’re on a cruise, ferry, or dealership test ride, vessel operators owe you a duty of care under maritime law. If you or someone you love has been injured during a boating excursion due to rough seas, inadequate instruction, or reckless operation, you have legal rights.
📞 Contact a maritime injury attorney today to explore your potential claims for medical costs, pain and suffering, and long-term disability compensation.