DAYTONA BEACH -- The people who rented Roberto Melendez a power ski in Ponce Inlet told him the 8-foot waves in the ocean that day were "great for jumping," before he hit his head and drowned in the surf, according to a negligence lawsuit filed in his death.

But the owner of Short Money Jet-Ski Rentals Inc. on Peninsula Drive never warned Melendez, 25, of Deltona, of weather hazards, the lawsuit filed Thursday says, and the business didn't give him safety instructions.

Business owner William Penrose rented the 2005 Yamaha watercraft to Melendez on April 30, in spite of a small craft weather advisory with 20-knot winds and waves up to 12 feet and similar businesses being closed, the lawsuit says.

"It was way too bad," Port Orange attorney Allan L. Ziffra, who filed the lawsuit for the Melendez family, said Friday. "Everything else was closed down."

Melendez grew up in Puerto Rico and was an experienced power ski rider.

Penrose, 29, knew of the lawsuit but declined to comment. Court records show Penrose was charged in September with renting unsafe equipment. But the charge was dropped, and court records do not show what kind of equipment. Ponce Inlet officials also say Penrose was warned three weeks before Melendez died for having too many power skis in his slip, owned by Lighthouse Landing Inc. and also named in the lawsuit.

Tim Smith, who manages a program that certifies watercraft rental businesses for the Florida Fish and Wildlife Conservation Commission, said he was helping Penrose learn the rules for renting power skis. Such businesses are required to provide renters with instruction.

Melendez had been jumping waves in rough surf for about 10 minutes when he was thrown from the machine he rented for $70. He hit his head on the power ski, the lawsuit says, and lost consciousness. Three other riders tried to load Melendez on power skis they were riding, court records show, but the surf was too rough. 

Daytona Beach News  

By JAY STAPLETON
Staff Writer