Jury Awards $800,000 In River Tubing Death
Wednesday, March 24, 1993
THE PHILADELPHIA INQUIRER
By Jeff Brown
INQUIRER STAFF WRITER
A Bucks County jury has awarded $800,000 to the wife and children of a Philadelphia man who drowned in a tubing accident on the Delaware River in 1984, according to the family's lawyer.
In making the award late Monday at the end of a weeklong trial, the jury found that Point Pleasant Canoe Rental & Sales Inc. failed to provide lifeguards, safety equipment and proper instruction when John Prochniak, his wife, Elizabeth, and two children rented four tubes on July 15, 1984, Myles H. Malman, the family's lawyer, said yesterday.
"They were told repeatedly, over and over again, that "it was safe, it was safe, it was safe," said Malman, of the law firm Kohn, Nast & Graf.
Defense lawyer Harvey E. Little said the company would appeal. He said the trial judge erred in ruling that the tube-rental operation was subject to a law that required lifeguards at swimming pools.
"To apply a law applicable to swimming pools is prejudicial, erroneous and just plain silly," he said.
Malman said the family paid $12 for each tube and entered the river two miles north of Point Pleasant for a 2 ½ - mile float downstream.
After departing, the four tubes became separated, and John Prochniak, 44, and his 10-year-old daughter, Brina drifted toward the New Jersey shoreline, while Elizabeth Prochniak and their 12-year-old son, Evan, floated along the Pennsylvania side of the river.
Brina's tube became lodged in some rocks, and John Prochniak got out of his tube to help his daughter. He swallowed a gulp of water, suffered a throat spasm, vomited, choked and passed out, Malman said. Brina was unable to pull him from the water and began screaming for help.
"Everybody thought she was kidding around," Malman said.
"No lifeguards. No nothing. The poor man drowned, and it wasn't until 40 minutes later that anyone from [the tube-rental company] came to help them out."
Malman said the company should have warned the Prochniaks of the dangers, instructed them to stay together and stationed lifeguards along the route on shore or in kayaks at hazardous points. The family signed a release, but it did not adequately describe the danger, Malman said.
