WHITE PLAINS, N.Y. – Michael Madoff, of White Plains, appeared in court Tuesday in Honolulu, Hawaii for a hearing to decide if the wrongful death lawsuit he filed against the company that led a kayaking tour, on which his son was washed into the ocean and never found, could be moved to Colorado, according to a report by the Journal News.
Lawyers for the Colorado-based tour group, Bold Earth Teen Adventures, requested the move. Michael and his lawyer Susan Karten want to keep the suit in Honolulu, according to the report.
Tyler, who attended Scarsdale High School, was part of a group of 12 students on a guided tour on the Big Island. They were resting in the tide pool near Kealakekua Bay when a wave washed Madoff and another boy into the ocean below. Two Hawaii Pack and Paddle tour guides, hired by Bold Earth to lead the hike, jumped in after them and recovered and resuscitated the second boy, who was from Miami.
A U.S. Coast Guard search was called off the night of July 5. Madoff has been missing since. The family held a memorial service July 26.
The Madoff family filed a wrongful death lawsuit against the tour company and its homeland guide Hawaii Pack and Paddle, which has since had its permit to operate tours in the area revoked. The lawsuit seeks punitive damages for negligence and infliction of emotional distress.