Trial Magazine

Brandon Ellingson, 20, was operating a boat on a Missouri lake. Anthony Piercy, a state trooper patrolling the lake that day, stopped Ellingson for an alleged litter violation and asked him to undergo a sobriety test. Piercy then arrested Ellingson, handcuffed him behind his back, and placed a vest-type flotation device over his shoulders.

Piercy then drove his boat toward the state patrol office so Ellingson could be processed. While allegedly traveling at 46 mph, the boat hit a large wake, ejecting Ellingson—who was still ­handcuffed—from the vessel. He allegedly went underwater several times before Piercy jumped in to attempt a rescue. Ellingson drowned. He is survived by his parents and sibling.

Ellingson’s parents, individually and on behalf of his estate, sued the state, alleging violation of Ellingson’s due process rights under the Fourteenth Amendment, negligent operation of a boat, failure to rescue, and failure to use an adequate flotation device. The ­plaintiffs asserted that Piercy should have placed Ellingson’s arms through the vest and timely jumped into the water or called for help after Ellingson was ejected.

The parties settled for approximately $9.03 million.

Citation: Ellingson v. Piercy, No. 2:14-CV-04316-NKL (W.D. Mo. Nov. 17, 2016).

Plaintiff counsel: Bernard L. Spaeth Jr., Johannes Moorlach, Thomas Burke, and Matthew M. Boles, all of Des Moines; and Joseph Swift, St. Louis.

Plaintiff experts: Thomas Young, forensic pathology, Kansas City, Mo.; James Getz, boating accident reconstruction, McHenry, Ill.; and John Ward, economics, Prairie Village, Kan.

Defense experts: Christopher Long, forensic toxicology, and David Tucek, economics, both of St. Louis.