Emily Collins and Jon Hutchins* met in 2009. Each had been previously married and had their own children. While they never thought they would find love again, they were wrong. As soon as Emily and Jon met, they realized they were kindred spirits. They shared a passion for travel, art, music, and quality time with family.
Emily was a successful businesswoman and mother. Jon was awestruck that such a beautiful woman could seemingly handle anything thrown her way. Jon was an emerging artist, and Emily became his biggest fan and best cheerleader. The love she had for him and her pride in his artwork was immediately evident to anyone who talked to her. They spent all their free time visiting art exhibits, discovering new places, going to concerts, and making memories with their children. On May 13, 2022, they decided to blend their families together and get married.
Emily and Jon were avid travelers and nature lovers. They used a website platform to pursue their dream vacation stay in a tropical paradise, with the hopes to relax, reconnect, and get away from everyday life. Touting a peaceful and tranquil experience for those who seek a deeper connection with nature, and prime location with “a river in your backyard,” Paradise House was a seemingly perfect stay for the adventurous couple. A river on the property surrounded Paradise House. It was a central theme in the promotion of the property that caught Emily and Jon’s eye. Thus, they proceeded to book their stay.
Emily and Jon checked into the property on May 9, 2023, to celebrate their one year wedding anniversary. They took in the scenery and enjoyed the property. They were awestruck at the beauty of the river so close to the property – the same river that was advertised and used to entice customers to book a stay at Paradise House. Because of the river’s proximity to the property and the fact the owners of Paradise House encouraged swimming in the river, they never realized how dangerous it could be. There were no warnings, safeguards, or safety equipment provided. In other words, Emily and Jon had no idea how dangerous this body of water was.
The day after check-in Jon and Emily were enjoying a swim in the very river that was promoted on the website platform where they first saw Paradise House and which surrounded the vacation rental property they booked. Suddenly and without warning, Jon lost sight of Emily. He hastily began to search for her.
Unbeknownst to Jon, Emily had been dragged by the strong and violent current, trapping her in an underwater cave. Unfortunately, he was unable to locate her. He immediately called 911 to report his beloved wife missing. First responders were dispatched to the scene. After a long and arduous search spanning over five hours, Emily’s lifeless body was discovered.
Upon returning home, Jon was desperate and seeking answers. He contacted several different lawyers, all of whom told Jon that while they were terribly sorry for his loss, they did not see how the property owners could be responsible for what seemed like a terrible tragedy left to the laws of nature and a natural body of water. Eventually, a friend of Jon suggested he contact David Sampedro and take one more chance at not letting Emily’s tragic death go unnoticed. Once David was on the case, he used the resources available to Panter, Panter & Sampedro and began to investigate the facts and circumstances surrounding Emily’s death. David quickly learned there was more to Emily’s death than meets the eye.
David discovered that only weeks before Emily’s death, another Paradise House guest perished in the same manner and in the same dangerous waterway. Six weeks prior to Emily’s passing, Linda Hopkins suffered a virtually identical death in the same river immediately behind Paradise House. Ms. Hopkin’s disappearance in the river was reported to authorities by the owners of Paradise House who promoted this same property and adjacent river. The authorities later notified the owners of Paradise House of Ms. Hopkins’ tragic drowning on her property.
David argued that Ms. Hopkins’s tragic death put the owners of Paradise House and website platform promoting the property on notice of the dangerousness of the river abutting the property. Yet, the owners of Paradise House failed to warn Emily and Jon of Ms. Hopkins’s death and the dangerous nature of the river. Paradise House failed to provide any type of warning, safeguards, or safety equipment. Shockingly, they continued to promote and highlight this river in advertisements for the property. Despite their knowledge of the danger posed by the river, Paradise House continued to use the river as a lure to encourage potential guests to stay at the property and swim in the river which only weeks earlier served as a death trap to one of her other guests.
When Emily passed, the relationship she and Jon shared, and plans for their future ended abruptly. Jon lost his best friend, life partner, confidant, and emotional support. Her loss left a permanent void in his life, as the deep connection, shared experiences, and mutual support are irreplaceable. Emily left behind three children she was raising in their blended family. The children left each of them with an emotional void and deep sense of longing for the unique bond that only a mother and children can share.
David contacted the owners of Paradise House as well as the website platform used to book this supposed ideal paradise vacation getaway. At first, they dismissed the matter as a tragic accident. They argued there was no way they could be held responsible for a death that occurred in a natural running of water. However, David revealed that he had discovered the facts and circumstances surrounding Linda Hopkins’s death and the fact that both Paradise House and the website platform were aware of this incident. Shortly thereafter, David was able to secure a policy limits settlement in the amount of $1,100,000.
While Emily will not be able to continue to find joy in watching her children grow, meeting milestones, and developing into the men and women they will one day become, the settlement gives Jon and his family some peace of mind in ensuring that other lives may not be tragically cut short on the property of Paradise House.
*Due to a confidentiality clause, the name and identities of the parties have been changed.
