Whale-watch firm cleared of negligence

BANGOR – A New Jersey tourist lost his lawsuit against the Bar Harbor Whale Watch Co. when an eight-member jury ruled against him Wednesday in U.S. District Court. The jury deliberated for two hours before announcing its verdict.

Carmelo Polito of New Jersey claimed he began vomiting blood after getting seasick in August 1999 on a whale-watching cruise ship owned and operated by Marc Brent of Bar Harbor and Florida. Polito claimed that a delay in getting treatment forced him to spend several days in a Bar Harbor hospital and receive a blood transfusion.

Barry Mills, the Ellsworth attorney who represented Polito, argued at the close of the three-day trial that his client “was close to death” when he arrived at the hospital. Mills told the jury Brent acted with “conscious disregard for the safety and welfare of a passenger” by not reacting sooner after being informed that Polito was vomiting blood.

Brent’s attorney, William Welte of Camden, argued that by the time Brent was informed of Polito’s condition, the boat was ready to return to port and staying onboard would get Polito medical attention faster than would calling the U.S. Coast Guard for assistance. Brent testified Tuesday that Polito and his wife asked for directions to the local hospital but did not ask to have an ambulance meet them at the dock located near a Bar Harbor hotel complex.

Mills said after the verdict that the Polito family “is very disappointed.” The Ellsworth attorney said he did not anticipate an appeal of the verdict.

This was one of three lawsuits filed against Brent this year. Earlier this year, a suit brought by Patricia S. Reynolds of Ohio was settled out of court. Bar Harbor Whale Watch reportedly paid her $58,000 in damages. Reynolds claimed she fell and fractured her ankle in September 1998 when a large wave struck the vessel during a whale-watching voyage.

A third lawsuit, filed by James McElroy of Nevada, has been scheduled for trial in March. McElroy, in his 60s, claims to have suffered a spiral fracture of a thin bone between the knee and ankle, as well as a fracture of the ankle bone, torn ligaments and displacement of the tibia, another lower-leg bone.

McElroy claimed the accident happened in September 2000 when “an unexpected wave or turbulence in the water suddenly and unexpectedly caused the vessel to lurch sharply,” the lawsuit states.