Elizabeth Webster and her husband, Alexander Burckle, were two of the 44 passengers who signed up for Sail Maui’s Lanai Coast snorkel tour during their honeymoon in September 2021, according to a lawsuit filed in federal court last month and obtained by NBC News.
When the couple tried swimming back at 11:50 a.m., the lawsuit says that choppy conditions prevented the newlyweds from traversing the waters. They struggled for about half an hour in the water and tried to signal for help from the crew, but the boat instead drove off to its next snorkeling location.
The newlyweds made the half-mile swim to shore and reached land around 1 p.m., where they were dehydrated and fatigued. Local passersby found them and offered aid. The attorney also said that the boat crew did two prior headcounts that came up at 42 people, before doing a third that said all 44 passengers had returned to the ship — despite the couple still being at sea.
The guide miscounted, the couple easily swam to shore, and no one was injured. Only “dehydrated and fatigued”. That sounds like they should get their tour fee refunded at most. $5 million seems a bit excessive for “emotional” damages.
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