A North Vancouver couple has described in court documents the terrifying moments of fighting to survive that followed after they were thrown into the sea from a sinking whale-watching ship.
Robert Goodfellow and Marya Levin, both from North Vancouver, recounted details of how they survived the sinking of the Leviathan II, a whale-watching ship operated by Jamie’s Whaling Station, off the waters of Tofino on Oct. 25, 2015 in a lawsuit filed in federal court Nov. 4.
Goodfellow, a fitness trainer, and Levin, a child-care provider, claim they had booked the whale-watching tour on the Leviathan II precisely because it was billed as a “cruise” aboard a safe and comfortable ship.
But as the vessel headed offshore, to an area known as Plover Reefs, Goodfellow became progressively more seasick in the rough sea conditions, according to court documents. He was about to move down from the upper deck to the lower cabin of the ship when a huge wave rose over a shallow reef nearby and struck the starboard side of the ship, “causing the vessel to heel immediately to port, and roll violently, throwing many passengers into the sea.”
Goodfellow described seeing the starboard railing of the ship rising higher as he fell. He struck the portside rail and was thrown into the sea.
As the ship listed, Levin slid suddenly down the bench seat she had been sitting on and was submerged underwater as the vessel rolled.
The two “remained submerged below the seawater out of breath and in shock until they were able eventually to see ocean surface light and swam for their life to the surface,” according to the statement of claim.
The couple surfaced near to the sinking ship, “surrounded in oil, breathing and swallowing oily water in the rough sea conditions,” according to the claim, near to two other passengers, identified in the court documents as “Mr. Thomas and his son Stephen,” who had also been seated on the upper deck. Goodfellow grabbed a floating cushion while Levin pushed a second cushion towards the two other passengers. But the overturned vessel was now drifting towards them and “they were in danger of being struck by the rotating propellers,” according to the claim. They kicked hard away from the ship and Levin grabbed a life jacket that was floating nearby.
The couple then spent 45 minutes swimming to reach a lifeboat.
They watched as the Leviathan II overturned, sea water rushed into the hull and the ship sank below the surface, stern down.
A year after the whale-watching boat sank, killing six of the 27 people aboard, Goodfellow and Levin are the latest of the surviving passengers and family members of those killed to file lawsuits against the whale-watching company.
The lawsuit names Jamie’s Whaling Station and captain Wayne Dolby as being responsible, through negligence, for the shipwreck and injuries suffered by the couple.
In addition to physical injuries, the couple state in the claim they have suffered emotional trauma including anxiety, depression, panic attacks, difficulty sleeping and “boat and water phobia” caused by the shipwreck.
None of the claims have been proven in court and no statement of defense has been filed yet.
Lawyer Tom Hawkins acts for the couple as well as for several other surviving passengers and families of six passengers who died.
Hawkins said the sinking has been a “very traumatic experience” for all of the surviving passengers. “It’s been highly difficult for families and survivors,” he said. “There’s a process of healing to get through this.”
Hawkins said many of the surviving passengers were in Tofino recently for the first anniversary of the sinking. All are “very appreciative for the outpouring of support that was provided to them by the First Nations people who were involved in the rescue, the first responders and the whole community of Tofino,” he said.
A Transportation Safety Board report determining the causes and contributing factors in the sinking is expected in the New Year.
Jamie’s Whaling Station did not respond to a request for comment on the claim.
