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Lawyers says photo proves negligence in whale death case

POSTED: 8:36 am HST April 29, 2004

 

HONOLULU -- The lawyer for the family of a boy who died in a whale-watching accident on Christmas Day said he has pictures showing the tour company is at fault.

In one photo, Ryker Hamilton, 3, is in the arms of his father shortly before the Dream Cruises boat struck a whale. In the photo, you can see the whale under the arrow.

Boat Stuck

Ryker died after he hit his head on the railing, when his father fell upon impact.

Another photo was taken by Ryker's grandfather just a few seconds before the accident, according to the family's attorney, Rick Fried. He said the second photo shows the pilot bending down in the cockpit and not paying attention.

The family has sued the tour company, saying it was negligent. The company says it was a "freak accident," that could not be avoided.

Trial has been set for next March.