The widow of Robert J. Martin Sr. a 73-year-old Truro selectman intends to sue the town of Provincetown and the Old Colony Tap bar for his Massachusetts drowning death. Martin’s body was found close to Fisherman’s Wharf on the evening of September 28, 2008.
While the amounts that she plans to seek from the town and the bar have not been determined, Margo Martin did send a demand letter to the town of Provincetown last year seeking $900,000 for its negligence. Margo contends that town workers contributed to her late husband’s Provincetown, Massachusetts wrongful death because they did not try to rescue or revive him when he still could have been saved. According to a police report, choppy seas, high tides, heavy wind, seaweed buildup, poor lighting on the beach, blocked vehicle access, and storm drain construction caused delays in retrieving Martin’s body.
Margo is also accusing the town of inadequate maintenance of its drains, culverts, beachfront, and ditches, which created a safety hazard that also contributed to Martin’s Massachusetts wrongful death. Because the town did not resolve her claim within the six months, she can now file her Massachusetts wrongful death lawsuit in court.
As for the Old Colony Tap bar, it reportedly served Martin alcohol on the night that he died. This, even though a family member had previously asked the bar not to serve Martin alcohol because he had started drinking again after years of being sober.
Also, Margo’s Boston wrongful death lawyer says that the bar improperly served Martin two other times. He ended up with a DUI criminal charge after one occasion. After the other time, he fell on his face and got hurt.
Massachusetts Drowning Accident
There are drowning accidents that could have been prevented were it not for other parties’ negligence. In addition to drownings in natural bodies of water, swimming pools, and hot tubs, drowning deaths can also happen during boating accidents, as well as when someone is injured or falls unconscious in a bathtub. Children are at high risk of bathtub drownings.
Report details night of Provincetown drowning, DailyMe, August 5, 2010
Drowning victim’s wife to sue Provincetown, Cape Cod Times, August 10, 2010
Family seeks $900K in Provincetown drowning, Boston Herald, August 4, 2010