Vianca Grullon in a life preserver. | Provided by attorney Judd Rosen
Published on February 6, 2025 at 5:53 pm
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A Jacksonville couple is suing a Canadian boat manufacturer and a local dealership after a boating accident left their child with traumatic brain injuries after she was trapped underwater in Black Creek.
The lawsuit, filed in Circuit Court in Duval County, claims the 13-foot-long Sea-Doo Switch is “unreasonably dangerous to use or occupy.”
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The boat nosed into waves Aug. 25 while approaching the Black Creek Marina and flipped. Fifteen-month-old Vianca Grullon was underwater so long she suffered “catastrophic bodily injuries,” the suit filed by William Grullon and Sheila Feliciano claims.
After spending a month in intensive care, Vianca remains in need of 24-hour care, attorney Judd Rosen said Thursday before announcing the lawsuit.
The Sea-Doo Switch “is prone to flipping. It is an extremely dangerous vessel,” Rosen said. “Vianca’s life has been saved, but her life is now completely different, and the family wants to make sure that there is public awareness about these vessels, and also make sure that manufacturers of these vessels take appropriate safety measures to fix the problems.”
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Jacksonville Today sought a response from Bombardier Recreational Products, which makes Sea-Doo watercraft. A representative said the Sea-Doo Switch complies with all regulations of the American Boat & Yacht Council and the U.S. Coast Guard.
The company said it “takes any incident involving its products very seriously.” Bombardier is investigating the Black Creek incident and has no further comment, the company said.
Rosen said the family remains too emotional to comment.
The Sea-Doo Switch has raised safety concerns before. Marine Industry News chronicled some of the episodes, including Vianca’s case, in October.
The publication quoted some boaters who said user error caused many of the Switch’s problems, but the writer also explored concerns about the boat’s design.
The Duval County lawsuit says William Grullon and Sheila Feliciano bought the pontoon boat in July at the Jacksonville Powersports dealership. The five-seat boat looks like a floating porch with a small sofa. The craft is controlled via motorcycle-style handlebars behind a console.
The couple, another woman and a teen went out with Vianca on Aug. 25. The toddler wore a life preserver, while the older occupants did not, Rosen said.
The boat was coming up on a boat ramp at the Black Creek Marina in Green Cove Springs as a storm blew up, Rosen said.
“There were some waves of about 2 to 3 feet, nothing crazy, nothing that you would expect to be a danger to the vessel. As Grullon was operating the vessel, the bow suddenly went under,” Rosen said. “The boat flipped and everybody was ejected.
“The boat flipped stern over bow … that is something that for those of us in the boating community, you just don’t hear about.”
According to Clay Today, two county Fire Rescue lieutenants, Joe Hutchins and Thomas Gill, were driving past the marina when they got a call about the trapped child. They got to the capsized boat and pulled the girl to the surface, then did CPR until she was hospitalized.
“The water is so dark, and that hampered rescue attempts,” Rosen told Jacksonville Today. “The life jacket was keeping her pressed up against the capsized vessel, her face underwater. So she went approximately 20 minutes underwater without oxygen and suffered devastating neurological injuries.”
