$3 Million Sought in Beach Diving Mishap

An engraver for the British Royal Family, who broke his neck when he dived into the water at San Clemente State Beach last summer, filed a $3-million claim Monday against San Clemente, Orange County and the State of California.

Rodney J. Rigby, 31, of Horsmondon in Kent County, England, is confined to a wheelchair and is paralyzed on one side of his body as a result of the injury he suffered while he and his wife were vacationing in Orange County last summer, said his attorney, Mark E. Edwards.

Rigby dived into the water and hit his head on a sand bar or wet sand, breaking his neck at the base of the shoulder, Edwards said. Rigby spent 12 days at Mission Community Hospital before he was able to be flown home to England, he said.

Before the accident, Rigby was one of the top metal engravers in the United Kingdom, Edwards said. He engraved shields, crests and other heraldry for the Royal Family “as well as for other heads of states,” Edwards said. “Obviously, he has not been able to work since returning. He and his wife are now living on the English social security system.”

Two years ago, the City of Newport Beach was ordered to pay $6 million to a Claremont man who was paralyzed after diving into shallow water near the Balboa Pier.

In that case, Edwards said, no signs were posted warning of the danger of shallow water. At the beach where Rigby was injured, there was a sign attached to a lifeguard station that said “No Diving”--but it was partially hidden by the station’s door, which was left open, and Rigby did not see it, the attorney said.

The city, county and state were named in the claim, which must be filed before a formal lawsuit, “because there is some question as to who has complete supervision” at the beach.

However, San Clemente City Manager James B. Hendrickson said Monday: “It’s not our beach. . . . It’s totally within the confines of the state.”