Dad sues 2 firms over drowning of daughter

The father of a female Chinese tourist who drowned in the waters off Managaha in 2012 has filed a wrongful death lawsuit in the U.S. District Court for the NMI against two tour companies. 
Wang Xiao Ting, 65, as personal representative of his daughter, Dao Wang Dao, is suing Tasi Tours & Transportation Inc. and Man Bao Corp., which owns Win Tour.

Ting, through counsel William M. Fitzgerald, is demanding an undetermined amount of damages.

Saipan Tribune tried but failed to obtain comment from Tasi Tours and Win Tour.

According to Fitzgerald in the complaint, Win Tour failed to ascertain Dao’s ability to safely use a snorkel; failed to confirm that Dao was capable of snorkeling safely; and failed to instruct Dao on the proper and safe use of a snorkel.

Fitzgerald said Tasi Tours, which has had exclusive management and control of Managaha Island since 1989, provides life-guarding service to less than 1 percent of the beach area; failed to provide life-guarding services to the most popular and best area for snorkeling; failed to prepare and implement an effective action plan to deal with rescue and resuscitate drowning victims; and failed to use the Red Cross donated defibrillator and supplemental oxygen system.

Fitzgerald said that in the early part of 2012, Dao, 33, and her friend decided to visit Saipan and purchased a package tour. Shortly after arriving, the two decided to purchase the snorkeling tour to Managaha from Win Tour. The two women went to Managaha on April 16, 2012.

The two friends had never snorkeled before and were unaware of how to safely snorkel.

Dao and three other Win customers went into the water at the place where they were told it was safe to snorkel. Three of the four went into chest-deep water while Dao stayed in the shallower water.

While Dao was snorkeling, water entered her snorkel and flowed into her mouth. Unaware of the procedure to expel the water, Dao swallowed it, Fitzgerald said.

The other three, after snorkeling for only five minutes, decided to return to shore and saw Dao face down in the water, almost on the shore. The group immediately turned Dao over and called for help.

Fitzgerald said lifeguards responded and performed CPR, but did not use a defibrillator or a supplemental oxygen delivery system, even though they were available. The lawyer said the use of such devices would have revived Dao.

After a period of time, a boat was brought and Dao was taken to Smiling Cove dock where she was placed in an ambulance and transported to the Commonwealth Health Center.

Fitzgerald said Dao was pronounced dead at CHC at 2:56pm that same day.