A California father has filed a wrongful death lawsuit in connection with a boating accident that took the life of the plaintiff's wife and 12-year-old daughter. The lawsuit alleges that the driver of the motorboat that struck the family's boat was intoxicated at the time of the crash, and that he is therefore responsible for the fatalities and injuries that resulted.
According to the wrongful death lawsuit, the September boating accident caused the plaintiff to suffer severe, disabling injuries in addition to the loss of his wife and daughter. The plaintiff filed the lawsuit on behalf of himself and his two surviving sons, ages 15 and 18, in which he is seeking damages for funeral costs and medical bills as well as emotional pain and anguish.
At the time of the fatal accident, the 53-year-old man "had a heavy odor of an alcoholic beverage on his person and breath, bloodshot eyes and slurred speech," the lawsuit alleges. The man, who was not injured in the crash, was arrested on suspicion of two felony counts of vehicular manslaughter. He was soon released on bond, however, and has not yet been formally charged. California police say that the criminal investigation is ongoing, and it remains to be seen whether charges are forthcoming. The man's blood alcohol level at the time of the crash has not been released.
The wrongful death lawsuit accuses the man of driving his boat while intoxicated and, in doing so, of "demonstrating a conscious and deliberate disregard for the rights and safety of others." The first court date in the case is scheduled for April.
Source: Appeal Democrat, "Suit filed over Englebright deaths," Rob Parsons, Dec. 5, 2012