Facts

On July 3, 2009, plaintiffs' decedent Keven Fu and 10 friends took a day trip to Big Bear Lake. The party rented a boat from defendants and went swimming in the middle of the lake. One of plaintiff's friends began to struggle in the water, and decedent jumped in to try to save him. Decedent drowned while trying to save his friend from drowning.

Plaintiffs were the parents of decedent.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that the Marina failed to adequately warn the renters of the risks associated with boating on the lake, including water temperature, the wave conditions, the affect of wind on the lake as it relates to separating swimmers from the boat; failing to advise the renters that swimming was prohibited from the subject boat; and for failing to provide sufficient life jackets and floatation devices that could have been used in the emergency situation to throw to a swimmer in trouble.

DEFENDANTS' CONTENTIONS:
Defendants contended that the decedent was swimming and, therefore, the doctrine of primary assumption of risk applied and the Marina owed the swimmer no duty of care.

Defendants further contended that alcohol was a factor in the subject incident and that there was sufficient number of life jackets on board the boat and that this particular party violated the Marina's policies and procedures for swimming off the boat as well as the lake's polices and procedures that swimming was prohibited outside of 50 feet from shore.

Damages

$20,000 (funeral and burial expenses)

Result

After multiple offers and demands, the case settled for $850,000.

Other Information

Defendants' motion for summary judgment was denied. MEDIATOR: Michael Moorhead, Esq., Judicate West. FILING DATE: May 24, 2010.