On Sept. 23, 2005, plaintiff Jeffrey Koopen, 25, a pool maintenance technician, was a passenger on a 17-foot ski power boat operated by Rick Aberle, 40, on the New Melones Reservoir in Calaveras County. Koopen was part of a large group staying on a rented houseboat. At about 10:15 p.m., Koopen and others, including Scott Denney, were traveling on Aberle’s power boat to meet friends at the lake´s launch ramp. Koopen was the original driver of the boat, but he stopped halfway through the trip and Aberle took over. The boat ultimately struck an unlit island and came to a sudden stop near Carson Cove. Koopen, Denney and the owner of the boat, Colin Troia were all ejected from the boat and sustained . Koopen suffered a disabling brain injury. Jacobus Koopen, acting as Jeffrey Koopen’s guardian ad litem, sued Aberle and Troia. He alleged that Aberle was negligent in the operation of the boat and that Troia was negligent for entrusting the boat to Aberle. Denney brought a separate action against Aberle and Troia, but it was subsequently consolidated for trial. However, Denney’s claim regarding his leg injury was settled in advance of trial. Troia settled with Jeffrey Koopen in advance of trial. Thus, the matter proceeded to trial against Aberle only. Plaintiffs’ counsel contended that Aberle failed to keep a proper lookout, operated the boat too fast and was impaired and/or intoxicated at the time of the accident. Prior to the trial, Aberle declared bankruptcy. Jeffrey Koopen filed an adversary proceeding in the Bankruptcy Court alleging that Aberle was intoxicated at the time of the accident and, therefore, any debt arising from this litigation should be deemed non-dischargeable. The stay was lifted in Bankruptcy Court for a trial to liquidate the damages claim. Aberle claimed that he was not intoxicated at the time of the accident and denied that his conduct fell below the standard of care., Jeffrey Koopen was airlifted to Doctor’s Medical Center in Modesto with serious head and was in a coma for several months. He sustained a traumatic brain injury with resulting mental instability and physical disabilities. Koopen is wheelchair bound and is unable to stand or walk short distances without someone being close by. His right dominant hand and arm are significantly limited, and his left hand and arm are also limited, but to a lesser degree. He is now also unable to speak well. Koopen has had several surgeries to increase the functionality of his arms and foot, as well as the implantation of a Baclofen pump to control spasticity. He is currently cared for by his parents. Aberle was not ejected from the boat, but received an injury to his nose.