PITTSBURGH – A Pittsburgh man alleges in wrongful death litigation that a Delaware County vacation-planning company negligently contributed to the drowning death of his wife, during a vacation the two had taken to St. Martin to celebrate their 35th wedding anniversary.
William Cook (individually and as Executor of the Estate of Lora Lynn Cook) of Pittsburgh filed suit in the Allegheny County Court of Common Pleas on April 8 versus AM Resorts, L.P. and ALG Vacations Corporation (doing business as “Apple Vacations”) of Newtown Square, and Travel Leaders of Pittsburgh.
“Before July 2021, defendant Travel Leaders, sold an all-inclusive Apple Vacation package to Secrets St. Martin Resort and Spa to plaintiff William Cook and his wife, decedent, Lora Lynn Cook. The sale of the vacation package occurred within Allegheny County, Pennsylvania. The all-inclusive Apple Vacation included a seven-night stay at Secrets St. Martin Resort and Spa, dining, drinks, pool and beach wait service, daily maid service, daytime activities, nightly entertainment, theme parties, oceanfront bars and entertainment, airfare and ground transportation,” the suit says.
“The reservation confirmation sent from defendant Travel Leaders to plaintiff William Cook and his wife, decedent Lora Lynn Cook, contained the Apple Vacations logo. On Aug. 7, 2021, plaintiff William Cook and his wife, decedent Lora Lynn Cook, arrived at Secrets St. Martin Resort and Spa. On Aug. 8, 2021, at approximately 11 a.m., decedent Lora Lynn Cook, went swimming in the ocean at the beach at Secrets St. Martin Resort and Spa. Suddenly, plaintiff William Cook saw his wife, decedent Lora Lynn Cook, face-down in approximately four feet of water.”
The suit adds that plaintiff William Cook called for help and rushed into the water to save his wife, pulling her onto the beach contained within the property of Secrets St. Martin Resort and Spa. After getting his wife onto the beach, he continued to call for help. Guests of the resort responded and attempted to perform CPR on the decedent, the suit continues.
“At no time did any employee or personnel from Secrets St. Martin Resort and Spa provide any assistance or render any first aid to decedent Lora Lynn Cook, despite numerous calls for help by plaintiff William Cook and other guests. After approximately 30 minutes, a physician, not affiliated with Secrets St. Martin Resort and Spa, arrived on the scene and provided first aid, including an AED. The physician was unable to resuscitate decedent Lora Lynn Cook. At approximately 12 p.m., decedent Lora Lynn Cook, was pronounced dead by the physician on the beach of Secrets St. Martin Resort and Spa. Mrs. Cook’s body was covered with a blanket and was later taken to a nearby hospital,” the suit states.
“At no time during the rescue and attempts at resuscitating Mrs. Cook, did any staff or employees of Secrets St. Martin Resort and Spa provide any assistance or render any aid. There were no lifeguards at the beach or nearby pools at the Secrets St. Martin Resort and Spa. Decedent Lora Lynn Cook’s official cause of death was drowning. Decedent Lora Lynn Cook’s death was caused by the joint and several negligence of defendants. As a result of the death of his wife, plaintiff William Cook claims all recoverable damages pursuant to the Pennsylvania Wrongful Death Act, 42 Pa.C.S.A. Section 8301 and Survival Act, 42 Pa.C.S.A. Section 8302.”
For multiple counts of negligence and negligent infliction of emotional distress, the plaintiff is seeking damages, jointly and severally, in excess of the jurisdictional arbitration limit, plus interest, costs and a trial by jury.
The plaintiff is represented by Joshua P. Geist of Goodrich & Geist, in Pittsburgh.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-22-003860
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com