IN THE CIRCUIT COURT OF THE

FIFTEENTH JUDICIAL CIRCUIT, IN

AND FOR PALM BEACH COUNTY,
FLORIDA
JOHN ERIC ROMANO, as Personal
Representative of the ESTATE OF PERRY CASE NO.:
J. COHEN, and PAMELA COHEN,
individually,

Plaintiffs,

v.

CARLSON CARLY BLACK, RICHARD

BRIAN BUBBA BLACK, JR., WILLIAM
BLU STEPHANOS, and RICHARD
KUNTZ,

Defendants.

COMPLAINT

Plaintiffs, JOHN ERIC ROMANO, as Personal Representative of the ESTATE OF

PERRY J. COHEN, and PAMELA COHEN, individually, by and through their undersigned

counsel, sue CARLSON CARLY BLACK, RICHARD BRIAN BUBBA BLACK, JR.,

WILLIAM BLU STEPHANOS, and RICHARD KUNTZ, and states as follows:

JURISDICTION AND VENUE

1. Plaintiff, JOHN ERIC ROMANO, is the Personal Representative of the Estate of

Perry J. Cohen, and is therefore authorized to bring this action.

2. Plaintiff PAMELA COHEN (hereafter PAMELA COHEN) is sui juris, a citizen

of the state of Florida, residing in Palm Beach County, Florida.

3. Defendant CARLSON CARLY BLACK (hereafter CARLY BLACK) is sui

juris, a citizen of the state of Florida, residing in Palm Beach County, Florida.

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 4. Defendant RICHARD BRIAN BUBBA BLACK, JR. (hereafter BUBBA

BLACK) is sui juris, a citizen of the state of Florida, residing in Palm Beach County, Florida.

5. Defendant WILLIAM BLU STEPHANOS (hereafter BLU STEPHANOS) is

sui juris, a citizen of the state of Florida, residing in Martin County, Florida.

6. Defendant RICHARD KUNTZ (hereafter RICHARD KUNTZ) is sui juris, a

citizen of the state of Florida, residing in Palm Beach County, Florida.

7. This is an action for damages for the wrongful death of Perry J. Cohen.

8. The actions complained of herein generally occurred within Palm Beach County,

Florida.

9. The potential beneficiaries of the recovery in this action, and the relationship of

each to the Decedent are as follows:

a. Pamela Cohen, natural mother of Perry J. Cohen;

b. Phil Cohen, natural father of Perry J. Cohen, (hereafter PHIL COHEN).

10. Medical and funeral and other expenses have been paid out by the Personal

Representative of the Decedent's Estate or are a charge against Decedents Estate and are part of

this claim.

11. Plaintiff, on behalf of the Estate of the Decedent, is entitled to recover any and all

medical or funeral expenses due to the Decedents death which have been charged against the

Estate or have been paid by or on behalf of Decedent.

12. PAMELA COHEN and PHIL COHEN, as the surviving parents of PERRY J.

COHEN, are entitled under Fla. Stat. 768.18(1) to recover from Defendants CARLY BLACK,

BUBBA BLACK, BLU STEPHANOS AND RICHARD KUNTZ for their mental pain and

suffering due to their sons death on July 24, 2015.

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 FACTUAL ALLEGATIONS

13. On the morning of July 24, 2015, Perry J. Cohen (PERRY) and his close friend

Austin B. Stephanos (AUSTIN) left Tequesta, FL to go fishing on a 18' 2" white SeaCraft

center console vessel, powered by a single 115 horsepower Yamaha outboard motor (the

Vessel).

14. Upon information and belief, the Vessel capsized within a mile of the Florida

coast in Palm Beach County, Florida, when PERRY and AUSTIN encountered a strong storm,

and were never seen again.

15. On the evening of Thursday, July 23, 2015, PERRY asked his mother, PAMELA

COHEN (COHEN), and step-father Nick Korniloff if he could sleep over at his friend

AUSTINs home so the two could fish the river the next morning.

16. PERRY had slept over AUSTINs house, owned by CARLY and BUBBA

BLACK, the night before (July 22, 2015 to July 23, 2015).

17. PERRY and AUSTIN were friends for 3 years, and throughout that friendship,

COHEN felt comfortable entrusting her sons safety during sleepovers and visits to AUSTINs

mother, CARLY BLACK and stepfather, BUBBA BLACK.

18. Before these sleepovers, PAMELA COHEN and her husband, Mr. Korniloff,

explicitly informed CARLY BLACK and her husband, BUBBA BLACK, as well as other

members of CARLY and BUBBA BLACKs family, that PERRY was not allowed to be taken

into the ocean on any vessel without an adult onboard and without permission from PAMELA

COHEN. CARLY BLACK, BUBBA BLACK and their family members acknowledged and

agreed to this rule on many occasions throughout the friendship of AUSTIN and PERRY. It was

also commonly known at Grand Slam Bait & Tackle (a/k/a Grand Slam Sport Fishing - the sport

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fishing supply store owned and operated by CARLY AND BUBBA BLACK) that PERRY was

not allowed offshore without an adult present.

19. The Vessel AUSTIN used for the fishing trips on July 23 and July 24, 2015 was

purchased for him by his grandfather, RICHARD KUNTZ approximately one (1) month prior to

PERRY and AUSTINs disappearance, and registered in CARLY BLACKs name.

20. The Vessel was always docked at RICHARD KUNTZs private, single family

home, where it was maintained by RICHARD KUNTZ and its use controlled by RICHARD

KUNTZ.

21. RICHARD KUNTZ was an experienced boater and knew or should have known

the Vessel was not properly equipped for trips into the ocean by 14-year-old boys.

22. Notably, the Vessel was not equipped with a radio, GPS, Emergency Position

Indicating Radio Beacon (EPIRB) or other electronic or communications equipment to aid in

search and rescue attempts. The only electronics installed on the vessel was an AM/FM stereo

for entertainment.

23. PERRY and AUSTIN spent the night of July 23, 2015 at the BLACK home,

awaking between 8:00 a.m. and 9:00 a.m.

24. They were then driven by CARLY BLACK to RICHARD KUNTZs home at 91

River Drive in Tequesta, sometime between 8:20 a.m. and 9:20 a.m. to retrieve the Vessel.

25. RICHARD KUNTZ knew AUSTIN and his friend planned to go deep sea fishing

on the Vessel that day, and assisted that venture by leaving $100.00 cash for AUSTIN to buy gas

for this trip. AUSTIN took this money and indeed bought fuel with it to enable the Vessel to

travel into the deep waters off the Florida coast.

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 26. From the RICHARD KUNTZ residence, the boys next visited the home of

AUSTINs paternal grandmother, Diane Stephanos, at 19452 Harbor Road, also in Tequesta,

arriving between 8:30 a.m. and 9:30 a.m.

27. PERRY and AUSTIN spent approximately thirty (30) minutes at Diane

Stephanos home, gathering supplies for their fishing trip, including ice, gas cans and fishing

equipment.

28. At about 9:49 a.m. PERRY texted COHEN, advising that he and AUSTIN were

going fishing for Red Drum, a species commonly found in rivers and intra-coastal waterways in

Palm Beach County. However, during their time at Diane Stephanos home, AUSTIN informed

Diane and her friend (Tanya Kugel) they would be fishing for dolphin, commonly known to

inhabit offshore coastal waters.

29. Both Diane Stephanos and Tanya Kugel expressed their concerns to AUSTIN

about venturing into the ocean in a boat as small as the Vessel.

30. After leaving Diane Stephanos home sometime between 10:00 a.m. and 11:00

a.m., PERRY and AUSTIN next visited the JIB Yacht Club and Marina in Jupiter, Florida,

where they purchased approximately $109.00 in fuel for the Vessel.

31. Between approximately 10:25 a.m. and 11:25 a.m. AUSTIN operated his boat out

of the Jupiter Inlet into the coastal waters of Palm Beach County.

32. It is commonly known among experienced boaters and those in the marine

industry that during the summer, storms passing from west to east, after noon, are common, and

those storms create dangerous, life-threatening conditions for all vessels on the ocean, but are

especially dangerous for small boats like the Vessel.

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 33. By agreement, AUSTIN was to check in with CARLY BLACK every one to two

hours when he was away from home. Therefore, that morning at approximately 11:25 a.m.

AUSTIN texted CARLY BLACK that he was safe. AUSTIN also texted his father, BLU

STEPHANOS, at approximately 11:24 a.m., advising he was fishing.

34. BLU STEPHANOS knew AUSTIN was taking the Vessel into the ocean,

knowing he got the Vessel from RICHARD KUNTZ, and allowed and approved of that activity.

35. Between 1:30 p.m. and 2:00 p.m. a rough storm with electrical activity passed

through the Tequesta/Jupiter area, at or near the location where PERRY and AUSTIN were

believed to be fishing, with winds reaching 40 mph or more.

36. CARLY BLACK experienced the storm and its intensity at her home in the

Jupiter/Tequesta area.

37. AUSTIN did not check in by cell phone with CARLY BLACK at 1:30 or any

time thereafter as expected by CARLY BLACK.

38. At approximately 2:00 p.m. CARLY BLACK began to call and/or send text

messages to AUSTIN, asking him to return her calls, since she had not heard from him since

11:25 a.m. She continued to do so over the next hour, without any response. During this period

of time CARLY BLACK also contacted Diane Stephanos and Tanya Kugel, to inform them she

had not heard from AUSTIN since before the storm.

39. CARLY BLACK then called BLU STEPHANOS at approximately 3:05 p.m.,

informing him AUSTIN was not responding to her communication attempts. In response, BLU

STEPHANOS suggested he would also try to contact AUSTIN.

40. BLU STEPHANOS, also unsuccessful in his attempts to reach AUSTIN, decided

he would search for AUSTIN and PERRY on his own in his personal power boat.

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 41. Neither BLU STEPHANOS nor CARLY BLACK ever contacted local law

enforcement or search and rescue authorities.

42. While BLU STEPHANOS continued his own private search for the boys,

CARLY BLACK contacted PAMELA COHEN at approximately 4:12 p.m. to inform her

PERRY and AUSTIN were not responding to phone calls and were unaccounted for since 11:25

a.m. This was the first notification PAMELA COHEN received that PERRY might be missing.

43. During this conversation, CARLY BLACK revealed she believed PERRY and

AUSTIN had gone offshore, contrary to PAMELA COHENs previous instructions and the

agreement of parental trust between the two mothers.

44. PAMELA COHEN relayed this information to Mr. Korniloff while on the call

with CARLY BLACK, and Mr. Korniloff immediately called 911 to initiate a search and rescue

operation.

45. PAMELA COHEN and Mr. Korniloff were unaware of the storm until this phone

call with CARLY BLACK.

46. A search and rescue operation was initiated by the Palm Beach County Sheriffs

Office, Florida Fish and Wildlife Conservation Commission and U.S. Coast Guard shortly

thereafter.

47. The search and rescue was unsuccessful; the boys, PERRY and AUSTIN, are

missing and presumed dead.

48. FDLE thoroughly investigated the incident, and its investigators ultimately found

probable cause for violations of child neglect statutes by CARLY BLACK, finding the

following, which form the good faith basis for this wrongful death action:

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 a. PERRY and AUSTIN were allowed to go offshore by CARLY BLACK into an

inherently dangerous environment, in a minimally equipped vessel without adult or parental

supervision;

b. The Vessel was not equipped with any electronic or communications equipment

such as VHF radio, GPS or EPIRB which would have made a successful rescue infinitely more

probable,;

c. CARLY BLACK AND BUBBA BLACK own and manage a marine supply

business, and therefore had the ability to obtain that equipment;

d. One or more of the BLACK/STEPHANOS family knew AUSTIN closely avoided

being caught at sea in a storm the day before his disappearance;

e. CARLY BLACKs egregious lapse in judgment and failure to exercise due care

had the effect of culminating in the disappearance of both boys who are now believed to have

perished in the mishap,;

f. PERRY was expressly prohibited from going offshore without an adult present;

g. CARLY BLACK knew of the strong storm passing through the area where

PERRY and AUSTIN were believed to be boating at about 2:00 p.m., but did not contact

PAMELA COHEN until around 4:15 p.m.;

h. BLU STEPHANOS was advised by CARLY BLACK she could not communicate

with PERRY or AUSTIN at around 3:05 p.m., but did not contact PAMELA COHEN at all;

i. Neither BLU STEPHANOS nor CARLY BLACK ever attempted to contact

authorities to advise PERRY and AUSTIN were missing; and

j. It was not until PAMLEA COHENs husband, Nick Korniloff, contacted

authorities at around 4:20 p.m. that a search and rescue operation was begun.

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 49. PERRY is presumed by government authorities to have died in the July 24, 2015

incident described herein.

50. If he was not permitted to travel into the ocean, against his mothers explicit

wishes, and despite promises she received from Defendants that they would honor her wishes,

PERRY would be alive today.

51. Defendants were in a position of trust, which they violated, and which

proximately caused PERRYs death, which was foreseeable under the factual circumstances

described.

52. Defendants had duties of care to PERRY, who was in their collective custody, to

abide by his mothers wishes relating to placing him in a dangerous situation. Defendants

violated that duty of care.

53. Defendants had duties of parental and custodial trust to PAMELA COHEN, based

on their knowledge and acknowledgement of her restrictions on PERRY going into the ocean.

Defendants also violated these duties.

54. Defendants deceived and withheld known information and the truth about the

boys going into the ocean on July 23rd, and having had a close call with a storm, by failing to

disclose that information to PAMELA COHEN on the evening of July 23rd, when PAMELA

COHEN agreed to allow PERRY to sleep over AUSTINs house.

55. Had PAMELA COHEN known about the close call on July 23rd, she NEVER

would have permitted a sleep over that night, or another boat trip with AUSTIN the next day.

56. Breach of these duties constitutes negligence.

57. But for the negligent actions of the defendants, PERRY COHEN would be alive

today.

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 58. PERRY COHENs parents, PAMELA COHEN and PHIL COHEN have suffered

non-economic damages as a result of this incident, and the ESTATE has or will suffer economic

damages recoverable under Floridas Wrongful Death Statutes.

COUNT I NEGLIGENT ENTRUSTMENT

(CARLY BLACK)

59. The allegations set forth in paragraphs 1 through 58 above hereby are

incorporated by reference as if fully set forth herein.

60. As the owner of the Vessel, CARLY BLACK had actual and constructive control

over the Vessel, when and by whom it could be used, and the ability to restrict its use.

61. CARLY BLACK entrusted the Vessel to AUSTIN, with the explicit intent to

permit him to captain the Vessel into the ocean, with knowledge that AUSTIN was not of

sufficient age, training, experience, or mature judgment to competently captain the Vessel with

its known limitations (size, power, lack of electronics).

62. CARLY BLACK also entrusted the Vessel to AUSTIN knowing he would be

taking PERRY as a passenger with him into the ocean.

63. CARLY BLACK knew that a voyage in the ocean presented very real and

inherently dangerous life-threatening conditions, particularly in late July when summer storms

were not uncommon, but allowed AUSTIN to take PERRY on the trip anyway.

64. CARLY BLACK knew AUSTIN barely escaped great harm on July 23rd, the day

before the subject incident, by engaging in this same conduct, but failed to take any measures to

restrict AUSTINs use of the Vessel on July 24th, and failed to advise PAMELA COHEN the

boys had violated her explicit instructions that PERRY was not allowed to go into the ocean

without her permission and adult supervision.

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 65. The Vessel was unseaworthy under the circumstances. No reasonable person

would permit a 14-year-old child to captain an 182 single engine vessel in the ocean without

adult supervision, especially in the summer, when afternoon storms are common, and without

making sure there were no adverse weather conditions forecasted, or further ensuring the vessel

was equipped with a VHF radio, appropriate electronics and other communication devices to

allow the vessel to be tracked in the event of an emergency.

66. As a direct and foreseeable result and consequence of this negligent entrustment,

PERRY is presumed dead.

WHEREFORE, Plaintiff, the ESTATE OF PERRY J. COHEN, demands judgment

against Defendant, CARLY BLACK, including all regular and special damages permitted under

Florida or federal maritime law, and/or for any such other relief which the Court deems

appropriate.

COUNT II NEGLIGENT ENTRUSTMENT

(RICHARD KUNTZ)

67. The allegations set forth in paragraphs 1 through 58 above hereby are

incorporated by reference as if fully set forth herein.

68. RICHARD KUNTZ was the voluntary bailee of the Vessel.

69. The Vessels regular, permanent storage location was on a boat lift on RICHARD

KUNTZs waterfront property in Jupiter, Florida.

70. RICHARD KUNTZ was aware AUSTIN was regularly taking the Vessel into the

Atlantic Ocean without proper equipment, rendering the Vessel unseaworthy.

71. RICHARD KUNTZ was aware of AUSTINs age, experience level and that he

lacked appropriate judgment to operate the Vessel safely offshore.

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 72. RICHARD KUNTZ was aware summer storms are not an unusual occurrence and

that the Vessel was unsafe in the ocean during a storm.

73. RICHARD KUNTZ was aware AUSTIN took PERRY into the ocean without

permission or adult supervision, against the wishes of PERRYs mother.

74. RICHARD KUNTZ was aware AUSTIN went into the ocean, caught fish and was

nearly caught in a storm on July 23rd, narrowly escaping injury.

75. RICHARD KUNTZ was aware AUSTIN was going to take PERRY into the

ocean to fish on July 24th, and provided money for AUSTIN to purchase sufficient fuel to travel

well offshore to fish in deep waters for Dolphin.

76. RICHARD KUNTZ had the right and the opportunity to prevent AUSTIN from

taking the Vessel from his dock, but allowed and facilitated AUSTIN taking the Vessel for a

voyage into the ocean, resulting in PERRYs death.

77. As a direct and foreseeable result and consequence of this negligent entrustment,

PERRY is presumed dead.

WHEREFORE, Plaintiff, the ESTATE OF PERRY J. COHEN, demands judgment

against Defendant, RICHARD KUNTZ, including all regular and special damages permitted

under Florida or federal maritime law, and/or for any such other relief which the Court deems

appropriate.

COUNT III BREACH OF CUSTODIAL AND PARENTAL TRUST

(CARLY BLACK AND BUBBA BLACK)

78. The allegations set forth in paragraphs 1 through 58 above hereby are

incorporated by reference as if fully set forth herein.

79. CARLY AND BUBBA BLACK explicitly knew PERRY was not permitted to be

taken into the ocean by boat by anyone without PAMELA COHENs permission.

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 80. CARLY AND BUBBA BLACK explicitly knew PERRY was not permitted to be

taken into the ocean by boat without adult supervision.

81. CARLY AND BUBBA BLACK accepted PERRY as an overnight guest in their

home on the night of July 23rd, and by accepting him as guest, knowing he was 14 years old,

became PERRYs defacto custodians with a duty to not put PERRY in an inherently dangerous

environment, particularly in light of PAMELA COHENs known restrictions against PERRY

going by boat into the ocean without her permission and without adult supervision.

82. At this time CARLY AND BUBBA BLACK knew AUSTIN regularly took the

Vessel, without adult supervision, out of the Jupiter inlet and traveled miles offshore.

83. At this time, CARLY AND BUBBA BLACK became aware AUSTIN took

PERRY in the Vessel into the ocean, against the explicit instructions of PAMELA COHEN,

earlier that same day, nearly getting caught in a summer storm. However, CARLY AND

BUBBA BLACK never told PAMELA COHEN about this incident, thereby betraying a trust and

an agreement to abide by PAMELA COHENs wishes while PERRY was in their custody.

WHEREFORE, Plaintiff, the ESTATE OF PERRY J. COHEN, demands judgment

against Defendants, CARLY BLACK AND BUBBA BLACK, including all regular and special

damages permitted under Florida or federal maritime law, and/or for any such other relief which

the Court deems appropriate.

COUNT IV NEGLIGENT SUPERVISION

(CARLY BLACK AND BUBBA BLACK)

84. The allegations set forth in paragraphs 1 through 58 above hereby are

incorporated by reference as if fully set forth herein.

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 85. Defendants failed to appropriately supervise their own son, with knowledge of the

boys coming into perilous harm the day before while doing the same activity they permitted on

July 24, 2015.

86. Custodial adults have a duty as ordinary prudent persons, to watch over and

supervise children too young to exercise judgment to care for themselves and protect them from

foreseeable hazards and harm.

87. AUSTIN was a child, too young to exercise the judgment to care for himself and

his friend and passenger of the Vessel in order to protect themselves from hazards and harm.

88. As a direct and foreseeable consequence of this failure to appropriately supervise

AUSTIN, his friend PERRY is presumed dead.

WHEREFORE, Plaintiff, the ESTATE OF PERRY J. COHEN, demands judgment

against Defendants, CARLY BLACK AND BUBBA BLACK, including all regular and special

damages permitted under Florida or federal maritime law, and/or for any such other relief which

the Court deems appropriate.

COUNT IV NEGLIGENT UNDERTAKING OF SEARCH

(BLU STEPHANOS)

89. The allegations set forth in paragraphs 1 through 58 above hereby are

incorporated by reference as if fully set forth herein.

90. BLU STEPHANOS failed to notify appropriate search and rescue authorities

upon becoming alarmed that the Vessel was missing after the storm.

91. By undertaking his own search for the boys, he delayed the official duties of law

enforcement and military assistance in the most critical moments of a search and rescue

operation when every minute counts.

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 92. By failing to notify 911 or any law enforcement or military agency, or PERRYs

parents, of the boys being missing after the storm, BLU STEPHANOS impeded the search and

rescue, which greatly diminished the potential rescue of the boys.

93. By failing to communicate the positions he had searched and where he believed

the boys to have gone fishing, BLU STEPHANOS impeded the search and rescue, which greatly

diminished the potential rescue of the boys.

94. BLU STEPHANOS is responsible for PERRYs presumed death, at least in part,

by either increasing risk of harm to the boys by delaying a legitimate search team or by

prohibiting others from searching for them by not making the necessary calls, thereby preventing

those who would have otherwise rendered aid from doing so.

WHEREFORE, Plaintiff, the ESTATE OF PERRY J. COHEN, demands judgment

against Defendant, BLU STEPHANOS, including all regular and special damages permitted

under Florida or federal maritime law, and/or for any such other relief which the Court deems

appropriate.

DEMAND FOR JURY TRIAL

Plaintiffs hereby demand a trial by jury of all issues so triable as a matter of right.

DATED: July 21, 2017

/s Guy Bennett Rubin

GUY BENNETT RUBIN, ESQ.
Florida Bar No. 691305
RUBIN & RUBIN
PO Box 395
Stuart, FL 34995
(772) 283-2004
(772) 283-2009 Facsimile
Primary Email: grubin@rubinandrubin.com
Secondary Email: wmowery@rubinandrubin.com
Counsel for Plaintiffs

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