| An Ohio jury
has awarded damages to the parents of a recent college graduate who
died after he was struck at high speed by a cigarette boat on Lake
Erie. Scott Brabander, 24, suffered severe internal injuries and died
minutes after the collision.
The jury's verdict
grew out of a 1996 lawsuit charging Canadian businessman Ollie Mastronardi
with operating his 38-foot cigarette boat while intoxicated and
at an unsafe speed. Mastronardi had been participating in a "Poker
Run"--an all-day speedboat race from yacht club to yacht club, in
which participants are provided with an open bar and food at each
stop. As he was approaching one of the docks at about 50 m.p.h.,
he crashed into the boat occupied by Scott Brabander and his parents.
As Scott and
his parents leaped into the water for safety, the cigarette boat
struck Scott, lacerating his left pulmonary artery and lung and
crushing 11 of his ribs. Amazingly, he came to the surface and cried
out for help. Bystanders helped him to the dock, and he was flown
to a hospital, where he died shortly after. Scott had graduated
from Kent State University with high honors just weeks before the
accident.
In addition
to suing Mastronardi, Scott's parents also sued the "Poker Run"
sponsor and organizer, alleging they had requested Mastronardi's
participation in the event when they knew or should have known he
frequently operated his boat too fast and while intoxicated. Scott's
parents settled with the sponsor and the organizer before the conclusion
of trial.
Mastronardi,
who was convicted of involuntary manslaughter and vehicular homicide
in Scott's death, attended the civil trial in his jail uniform.
The Brabanders' attorney contended the attire was just a sympathy
ploy--a contention in which the foreman later said the jury concurred.
After a dramatic nine-day trial, the jury awarded Scott's parents
both compensatory and punitive damages.
According to
the U.S. Coast Guard, there were 381 boating accidents involving
alcohol in 1996, 161 of which resulted in fatalities. "In awarding
punitive damages, the jury wanted the public to take notice that
drinking alcoholic beverages and operating an offshore racing boat
do not mix," the Brabanders' attorney said.
Although no
amount of money can compensate Scott's parents for the loss of their
son, this case demonstrates the importance of a civil justice system,
including trial by jury, in redressing wrongs.
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