And yet another "sobering" example of why alcohol and water mix so
poorly.
(The skipper should not drink until the boat is docked for the day, at
least IMO).


************************

Lawsuit filed in fatal Nebraska boat crash
AP
Posted: 2007-09-05 10:58:09
PAPILLION, Neb. (AP) - An Arizona man has filed a wrongful-death
lawsuit against a Nebraska lake association and a man whose boat
struck another, resulting in the deaths of his parents.

Scott Gilfillan of Peoria filed the lawsuit in Sarpy County on behalf
of his parents' estate.

The defendants are Kenneth Tonn, 60, the boat driver, and the Eastern
Sarpy County Lake Improvement Association.

Tonn has been charged in the deaths of Kathleen Gilfillan, 57, and her
husband, David Gilfillan, 61.

Tonn was charged with manslaughter in the death of Kathleen Gilfallan
and assault for the injuries to her husband, who died 11 days later.

The Sarpy County Attorney's Office said Wednesday that a motion to
amend the assault charge to manslaughter will be heard in court on
Sept. 10.

The lawsuit says that on July 15, Tonn lost control of his boat on the
private lake and the boat struck the Gilfillans, who were sitting on
the rear of a beached boat.

Tonn's blood-alcohol level tested out at more than twice the legal
limit, authorities said.

Information from: Omaha World-Herald, http://www.omaha.com

On Wed, 05 Sep 2007 15:26:57 -0700, Chuck Gould
wrote:

And yet another "sobering" example of why alcohol and water mix so
poorly.
(The skipper should not drink until the boat is docked for the day, at
least IMO).

I'm in total agreement, but I'm sure you wouldn't agree with my
solution to the problem of drunk driving. :)

************************

Tonn's blood-alcohol level tested out at more than twice the legal
limit, authorities said.

Unreal.

In my world, that guy would be a slave forever to the victims and/or
the state.

That's bull****, trying to sue the association too. Money grubbing children
trying to score the lottery.

Article link: http://www.omaha.com/index.php?u_pag...u_sid=10124181

Published Wednesday | September 5, 2007
Lawsuit filed in fatal Sarpy boat crash
BY JOE DEJKA
WORLD-HERALD STAFF WRITER

The son of a couple killed in a Sarpy County boating accident has filed a
wrongful-death lawsuit against the boat driver and the private lake
association.

Authorities say Kenneth Tonn was under the influence of alcohol July 15
while operating the boat that struck and killed David and Kathleen Gilfillan
of Bellevue on Hanson Lake No. 2.

Scott Gilfillan of Peoria, Ariz., on behalf of his parents' estate, is suing
Tonn as well as the Eastern Sarpy County Lake Improvement Association,
alleging the association had a duty to keep the lake safe for everyone on
the water.

The lawsuit seeks funeral expenses and unspecified damages for loss of
comfort and companionship.

Tonn, 60, declined to comment Tuesday on the lawsuit.

Attempts to reach the association for comment were unsuccessful.

Tonn is charged in Sarpy County Court with manslaughter in the death of
Kathleen Gilfillan, 57. He also is charged with second-degree assault in
connection with injuries to David Gilfillan, 61, who died 11 days later. The
Sarpy County attorney is seeking to upgrade that charge to manslaughter.

Tonn, who lives at the lake, had a blood-alcohol level of .177 percent —
more than twice Nebraska's legal limit of .08 percent — at the time of the
crash, authorities have said.

The couple's son and two daughters are "devastated," their attorney, Timothy
O'Brien, said Tuesday.

"Like any tragedy, they're dealing with it best they can," O'Brien said.

According to the lawsuit filed last week in Sarpy County District Court,
David and Kathleen Gilfillan were seated on the rear of a boat beached on
shore when Tonn lost control of his boat and struck them.

Tonn was steering a 16-foot white 1974 Invader motorboat through a channel
about 265 feet wide, with boat docks jutting out on either side.

He was towing a raft on which his wife and 10-year-old granddaughter were
riding. The rope became entangled on the boat, and Tonn apparently turned
away from the boat controls for 10 to 15 seconds, authorities said.

The lawsuit alleges that Tonn failed to keep a proper lookout, operated a
boat while drunk and failed to control the boat.

It also alleges that the deaths occurred as a direct result of the lake
association's negligence.

The association, the lawsuit says, allowed Tonn to drive drunk, failed to
monitor and control watercraft on the lake, failed to ensure that boaters
complied with the Nebraska Safe Boating Act and allowed unsafe boat
operation though they had knowledge it was going on.

On Sep 5, 6:10?pm, "Bill Kearney" wkearney-99@hot-mail-com wrote:
That's bull****, trying to sue the association too. Money grubbing children
trying to score the lottery.

It might depend on a few things.

Does the "association" run a bar as one of the amenities of this
private lake? If so, the association's bar tender has the same
obligation as any other not to serve somebody that is inebriated. Good
grief- especially knowing full well that the drinker is going to go
out on the lake and operate a boat at high speed. I think if the
boater got drunk at the association's bar, the association will have a
tough time getting off the hook. The plaintiff may wind up owning the
entire private lake.

"Bill Kearney" wkearney-99@hot-mail-com wrote in
:

Article link:
http://www.omaha.com/index.php?u_pag...u_sid=10124181

Published Wednesday | September 5, 2007
Lawsuit filed in fatal Sarpy boat crash
BY JOE DEJKA
WORLD-HERALD STAFF WRITER

The son of a couple killed in a Sarpy County boating accident has
filed a wrongful-death lawsuit against the boat driver and the private
lake association.

Authorities say Kenneth Tonn was under the influence of alcohol July
15 while operating the boat that struck and killed David and Kathleen
Gilfillan of Bellevue on Hanson Lake No. 2.

Scott Gilfillan of Peoria, Ariz., on behalf of his parents' estate, is
suing Tonn as well as the Eastern Sarpy County Lake Improvement
Association, alleging the association had a duty to keep the lake safe
for everyone on the water.

The lawsuit seeks funeral expenses and unspecified damages for loss of
comfort and companionship.

Tonn, 60, declined to comment Tuesday on the lawsuit.

Attempts to reach the association for comment were unsuccessful.

Tonn is charged in Sarpy County Court with manslaughter in the death
of Kathleen Gilfillan, 57. He also is charged with second-degree
assault in connection with injuries to David Gilfillan, 61, who died
11 days later. The Sarpy County attorney is seeking to upgrade that
charge to manslaughter.

Tonn, who lives at the lake, had a blood-alcohol level of .177 percent
— more than twice Nebraska's legal limit of .08 percent — at the time
of the crash, authorities have said.

The couple's son and two daughters are "devastated," their attorney,
Timothy O'Brien, said Tuesday.

"Like any tragedy, they're dealing with it best they can," O'Brien
said.

According to the lawsuit filed last week in Sarpy County District
Court, David and Kathleen Gilfillan were seated on the rear of a boat
beached on shore when Tonn lost control of his boat and struck them.

Tonn was steering a 16-foot white 1974 Invader motorboat through a
channel about 265 feet wide, with boat docks jutting out on either
side.

He was towing a raft on which his wife and 10-year-old granddaughter
were riding. The rope became entangled on the boat, and Tonn
apparently turned away from the boat controls for 10 to 15 seconds,
authorities said.

The lawsuit alleges that Tonn failed to keep a proper lookout,
operated a boat while drunk and failed to control the boat.

It also alleges that the deaths occurred as a direct result of the
lake association's negligence.

The association, the lawsuit says, allowed Tonn to drive drunk, failed
to monitor and control watercraft on the lake, failed to ensure that
boaters complied with the Nebraska Safe Boating Act and allowed unsafe
boat operation though they had knowledge it was going on.



The only thing the association is guilty of is having money and/or
insurance.

Gene Kearns wrote:
On Wed, 5 Sep 2007 21:10:10 -0400, Bill Kearney penned the following
well considered thoughts to the readers of rec.boats:

That's bull****, trying to sue the association too. Money grubbing children
trying to score the lottery.

I disagree... at least, in principle... what is the purpose of a
"Lake Association" other than the purpose of social engineering.

If the "association" has failed to control the thoughts and behaviors
of one of its minions.... it should be held accountable..... and so
should all of the people (the "Association") that felt they could
control the actions of others........


Ditto all of those other "Associations" a la HOA.....

.... Go Figure.....


Gene,
I know you don't like HOA's, but do you really think the Association
should be held libel for "damages" because someone was drunk on the
lake? If that is true, couldn't we hold the C of E's responsible for
"damages" due to all DUI's and any other accidental deaths on lakes
under their control?

While the reward would not be as great, we could also sue any and all
lake owners if someone drowned in their private lake even if the victim
or the one responsible for the death was trespassing. After all a
lake should be fenced in to prevent people from trespassing, it really
is an attractive nuisance.

Now if, as Chuck said, the Association ran a club on the lake and served
the individual alcohol that contributed to the person being drunk, I
think they should be held responsible, but not just because they have
set up an Association to set up and enforce covenants for the lake.

Bill Kearney wrote:
That's bull****, trying to sue the association too. Money grubbing children
trying to score the lottery.

I am no lawyer, but I recall from a Business Law class, the instructor,
who also happened to be a local judge, commented about a similar
scenario. This is para-phrased as it's been a few years, but the concept
is spot on: "It is not always a matter of who is right or wrong, but who
or what entity in the chain has the most money".

We has been discussing a product liability case in which the local shop
that sold the product to the consumer, along with EVERY company with any
involvement in the processing & production was named in the lawsuit.

On Sep 5, 6:11?pm, "Bill Kearney" wkearney-99@hot-mail-com wrote:


The association, the lawsuit says, allowed Tonn to drive drunk, failed to
monitor and control watercraft on the lake, failed to ensure that boaters
complied with the Nebraska Safe Boating Act and allowed unsafe boat
operation though they had knowledge it was going on.

So it sounds like he didn't get sloshed at a bar operated by the
association.

Now the plaintiff will have to convince a jury that somebody in charge
knew the boater was drunk and had the power to stop him from operating
his boat but failed to do so. That will be a much tougher sale.

On Sep 6, 11:04 am, Chuck Gould wrote:
On Sep 5, 6:11?pm, "Bill Kearney" wkearney-99@hot-mail-com wrote:



The association, the lawsuit says, allowed Tonn to drive drunk, failed to
monitor and control watercraft on the lake, failed to ensure that boaters
complied with the Nebraska Safe Boating Act and allowed unsafe boat
operation though they had knowledge it was going on.

So it sounds like he didn't get sloshed at a bar operated by the
association.

Now the plaintiff will have to convince a jury that somebody in charge
knew the boater was drunk and had the power to stop him from operating
his boat but failed to do so. That will be a much tougher sale.

Not always that noticable when someone is drunk, but towing a tube
with no lookout on board might be an angle. If someone had noticed
that, and pulled him over, this could have ended much differently.