On May 13, 2022, Mr. Adams was at Edith Barill Riverfront Park with his family piloting motorized RC boats. When one of the boats became unresponsive, Mr. Adams, an experienced swimmer, attempted to retrieve the boat. During the recovery, Mr. Adams started to struggle to stay afloat and was be pulled towards a stationary tug boat moored at the Zenith Terminal.
Unbeknownst to the plaintiff the boat was creating a deadly current for which no warnings existed. Despite cries for help from witnesses, including his family members Jeremy Pope and two minor children, employees on the tugboat allegedly refused to act in any lifesaving manor. Mr. Adams was finally pulled under the boat and never resurfaced. His body was found 8 hours later by sonar under 5 feet of mud created by the tugboat.
They argue that Zenith Energy failed to post adequate warning signs about the dangers posed by the tugboat's currents at the park where swimming is allowed and had a duty to do so. The also argue that it is known by people in the industry that these boats create a deadly current even when stationary.
The Estate of R. Shane Adams, Jeremy Pope have filed a lawsuit against Zenith Energy Terminals Holdings, LLC and several associated entities in the United States District Court for the Northern District of West Virginia. The case ID is 1:24-cv-00052-TSK, and it was filed on May 10, 2024. The plaintiffs are represented by attorneys Jim Leach, Ryan J. Umina, Beth L. Umina of Umina Legal PLLC, and J. Morgan Leach and Rob Williamson of J. Morgan Leach PLLC.
The plaintiffs seek compensatory damages for economic losses and emotional distress suffered by Mr. Adams' family members who witnessed his death. They also demand punitive damages due to what they describe as reckless indifference by Zenith Energy and its employees.