Boat Accident Lawsuit Filed Against South Florida Developer’s Wife Settles for $16 Million
A lawsuit filed against a well-known South Florida developer’s wife recently settled for $16 million. It involved a crash in 2022 that killed one teen and left another permanently disabled. The teen was one of 14 people who were thrown into the water when the 29-foot boat the defendant was driving struck a channel marker in the Intracoastal Waterway near Boca Chita Key on September 4, 2022. The crash killed 17-year-old Luciana Fernandez and seriously injured 18-year-old Katerina Puig who was left with disabling injuries as a result of the accident.
Puig’s parents filed a lawsuit against George Pino accusing him of drinking before the crash and saying that he and his wife gave the teens alcohol. An incident report from the Florida Fish and Wildlife Conservation Commission stated that they found 61 empty alcoholic bottles and cans, one empty bottle of champagne, and a half-consumed bottle of liquor were found on the boat. No one, however, admitted to consuming alcohol. George Pino refused a breathalyzer test after the crash, according to authorities. He pleaded not guilty to misdemeanor counts of reckless boating.
Elements of negligence
Intoxicated boating remains a factor in a large number of boat accidents in Florida. In this case, the boat struck a stationary channel marker sending the majority of the individuals who were on the boat into the water. The driver of the boat was likely under the influence of alcohol at the time of the crash and there are indications that he may have been giving the teens alcohol as well, but police were unable to prove anything after the accident occurred. The driver was charged, but not with manslaughter, as would be typical in a drunk boating accident.
In this case, the defendants were unable to raise an adequate defense to the personal injury lawsuit filed against them. The standard of proof in a civil case is lower than a criminal case. In a criminal case, you must prove a defendant is guilty beyond a reasonable doubt. In a civil case, a plaintiff must prove a defendant is negligent by a preponderance of the evidence or more likely than not. This was a contributing factor as to why the defendant settled the case with the teenager.
Thus far, no wrongful death lawsuit has been filed by the family of the other teen. They could, however, file such a lawsuit against Pino for the wrongful death caused by his alleged negligence.
Talk to a Tampa Boat Accident Attorney Today
Have you been injured due to another boater’s negligence? If so, you are entitled to recover damages related to your injuries. These include damages for medical expenses, lost wages, and reduced quality of life. Call the Tampa boat accident attorneys at Florin Gray today to schedule an appointment, and we can begin investigating your case right away.
Source:
nbcmiami.com/news/local/suit-against-developers-wife-in-2022-boca-chita-key-boat-crash-settled-for-16m/3299831/