SCA rules against shark cage widow

2016-04-01 16:38
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Bloemfontein – The Supreme Court of Appeal has dismissed claims by Sarah Tallman against the owners of a shark-cage diving operation after her husband drowned when a boat capsized off Kleinbaai.  

The Western Cape High Court had ruled in favour of Tallman, who sued Shark Team, the skipper Grant Tuckett, and White Shark Projects for negligence and loss of support after the incident.  

A ski boat carrying tourists on a shark cage diving trip capsized at sea after being hit by a large wave on April 13 2008.  

Three passengers drowned, including Tallman’s husband.  

Tallman sought to hold the shark team liable for her husband’s death, on the basis that his death had been caused by the negligence of the skipper.

But the SCA said on Thursday that Tuckett had not acted negligently.  

"...Mr Tuckett had not acted negligently in choosing the anchoring spot he did and there were no warning signs which would have alerted a reasonable skipper in his position to leave in time to avoid the wave in question," it said.  

The boat was capsized by a wave that was abnormally large for the area and Tuckett could not have been expected to have known about it, the SCA ruled.




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