Case details
Parents blamed boat rental companies for son’s drowning
SUMMARY
$850000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
distressed, drowned
FACTS
On July 3, 2009, plaintiffs’ decedent Keven Fu, 33, and 10 of his friends took a day trip to Big Bear Lake, where the group decided to participate in some water activities. So, the friends rented a pontoon boat from Pine Knot Landing and went out on the lake. While a few friends were swimming, one of them began to struggle in the water. As a result, Fu jumped from the boat in an effort to save his friend, but Fu also became distressed and drowned. Fu’s parents, Su Kuang Fu and Mei Feng Li, sued Pine Knot Landing LLC and Pine Knot Marina, LLC, the owning entities of the boat rental. They alleged that the defendants were negligent for failing to adequately warn the renters, making them liable for their son’s wrongful death. Pine Knot subsequent filed a cross-complaint against Jack Ding, the friend who rented the boat, for indemnity under the contractual clause. Plaintiffs’ counsel contended that the Pine Knot failed to adequately warn the renters of the risks associated with boating on the lake, including water temperature, wave conditions, and the effect of wind on the lake as it relates to separating swimmers from the boat. Counsel also contended that the Pine Knot failed to advise the renters that swimming was prohibited from the subject boat. In addition, plaintiffs’ counsel contended that the defendants failed to provide sufficient life jackets and floatation devices that could have been used in an emergency situation and could have been thrown to a swimmer in trouble. Pine Knot’s counsel contended that alcohol was a factor in the subject incident and that there was a sufficient number of life jackets on board the boat. Counsel also contended that this particular party violated the Pine Knot’s policies and procedures for swimming off the boat, as well as the lake’s policies and procedures that swimming was prohibited outside of 50 feet from shore. Counsel further contended Pine Knot owed the decedent no duty of care because he was swimming and, therefore, the doctrine of primary assumption of risk applied. However, Pine Knot’s counsel’s motion for summary judgment on this matter was denied. Ding’s counsel asserted that while Ding was the person renting the boat, any negligence of the boating companies was not subsumed by the agreement signed by Ding in renting the boat., While Keven Fu attempted to save his friend, he became distressed and drowned. Fu was 33. Fu’s parents sought recovery of wrongful death damages and claimed that they incurred funeral and burial expenses of approximately $20,000.
COURT
Superior Court of San Bernardino County, San Bernardino, CA
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