The missing OceanGate CEO is being sued by a Florida couple who paid to visit the Titanic wreckage after claiming they were "misled" over their trip.
Marc and Sharon Hagle were on board the fourth Blue Origin passenger space flight in March 2022 and became the first married couple to become space tourists.
However, in 2016, they decided their next ambitious adventure would be underwater and in 2017 they were announced as among the first customers for OceanGate, which was founded in 2009 by missing CEO Stockton Rush.
But the couple never were able to visit the Titanic wreckage and in February this year they decided to sue Mr Rush after accusing him of selling the adventure knowing it was not going to happen on time, and for refusing to refund their $210,258.
According to the court filing, Mr Rush travelled to the couple's home in 2017 to try and convince them to buy into his company.
“During their September 27, 2017 meeting, Rush made several false statements of material fact to Plaintiffs, including, without limitation: regarding the status of development and testing of Cyclops 2 as of that date.
"And that Cyclops 2 would be ready to dive on the Titanic by June of 2018,” the suit reads.
"If plaintiffs had any questions or concerns as to the integrity of Cyclops 2 and/or the timing of the expedition if it were to be delayed, they could request, and would receive, a full refund of all monies paid with no questions asked.
"And plaintiffs' deposits were, and any future payments by plaintiffs would be, held in a dedicated client escrow account separate from his or OceanGate's funds.”
The documents also allege the date of the trip was postponed the first time, and then two, and three years later, as the submersible needed to undergo further testing and suffered unspecified “equipment failure.”
The Hagle's also claim their money was not kept in a separate account where they could recover it should OceanGate miss their deadlines.
The company allegedly told the pair they could join a 2021 mission to the Titanic's wreckage, but they did not get a refund.
The couple state Mr Rush violated state fraud and unfair and deceptive practices statutes, and demanded their money back, as well as attorneys fees and other reimbursement for their pains.
According to the complaint, "given the wilful, wanton, and egregious nature of Rush’s conduct, plaintiffs reserve the right to seek to have punitive damages awarded herein."
Mr Hagle declined to comment on the court case but said his thoughts go out to the families of loved ones trapped in the submarine.
He told the Daily Beast: “My thoughts go out to the owners of OceanGate, the people that are on the submersible, both the crew and the guests. And we're hoping for a miracle and that everybody comes home safely."
“I think the pleadings speak for themselves.”
Pakistani British-based businessman Shahzada Dawood and his 19-year-old son, Sulaiman Dawood, are on the submersible.
British billionaire adventurer Hamish Harding, who is also in the vessel, along with French submersible pilot Paul-Henry Nargeolet, and chief executive and founder of OceanGate Expeditions, Stockton Rush.
OceanGate said in response: "Our entire focus is on the wellbeing of the crew and every step possible is being taken to bring the five crew members back safely."
