On Aug. 9, 2009, plaintiffs’ decedent Gerardo Escobedo, 50, a carpenter/cabinet maker, went boating with two other passengers on Ruby Sutachan’s 26-foot ski boat on Lake Mohave within the Lake Mead National Recreational Center. At approximately 3:11 p.m., Escobedo entered the lake from the boat in order to retrieve Sutachan’s hat that had blown off. However, while in the lake, Escobedo complained he was having difficulty swimming due to swimmer’s cramps and called out to Sutachan for help. The passengers attempted to reel Escobedo in with a ski rope, since the boat was not equipped with a floatation device or buoyant heaving line, but Escobedo struggled to stay afloat and then disappeared underwater. His body was found 11 days later and it was determined that he had drowned. The decedent’s wife, Margarita Escobedo, and the decedent’s daughter, Yvette Escobedo, sued Sutachan. The decedent’s family alleged that Sutachan was negligent in the operation of her boat, causing the decedent’s wrongful death. The action was filed in Federal court since the death occurred on a federal enclave. Plaintiffs’ counsel contended that, as owner of the boat, Sutachan was required by law to have the requisite number of U.S. Coast Guard-approved life jackets/personal floatation devices on board and readily available, as well as a throwable rotation device or buoyant heaving line for passengers in distress. However, counsel contended that Sutachan, because of intoxication or otherwise, negligently controlled her boat, failed to have the required equipment on board, and/or failed to have the required equipment readily available. Counsel further contended that Sutachan knew Escobedo had little to no experience with boats or boating, in the sense of the activities that occurred on Aug. 9, 2009. Thus, plaintiffs’ counsel argued that as a result of Sutachan’s negligent ownership, operation and control of the boat, as well as lack of required equipment, the decedent drowned. Sutachan claimed that the decedent was negligent for diving into the water after her hat without a life jacket, and that he assumed the risk in doing so., Gerardo Escobedo drowned in Lake Mohave and his body was found 11 days after the incident. He was 50. The decedent was survived by his wife of 22 years and their only child, a 20-year-old daughter. The decedent’s wife and daughter claimed that Gerardo Escobedo, prior to his death, worked for Sutachan in California and Arizona, making $25 an hour for four months work. They also claimed that the decedent received unemployment benefits of approximately $900 per month when he was not working. Thus, the decedent’s wife and daughter sought recovery of damages for the wrongful death of their husband/father, as well as damages for the loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society and moral support. They also sought recovery of damages for the loss of the decedent’s earnings. Defense counsel contended that the decedent had a girlfriend in Mexico and argued that the decedent’s infidelity lessened the wrongful death claim of his wife, Margarita Escobedo.