Wife of man killed in Okoboji boat accident sues driver, owner
By Nick Hytrek, Journal staff writer | Posted: Thursday, November 17, 2005
The wife of a man killed in an August boating accident on West Lake Okoboji has sued the driver and owner of the other boat involved for negligence.
Jill Brosnahan of Perry, Iowa, also is suing for loss of parental consortium on behalf of her two minor children and is seeking punitive damages against Justin Nearman and Richard Brandt. She filed the lawsuit Tuesday in U.S. District Court in Sioux City on behalf of the estate of her husband, Michael Brosnahan, and their children, Hannah and John.
Nearman, 30, of Sioux Falls, was the driver of the boat that struck the boat in which the Brosnahans and four others were riding in the early morning hours of Aug. 12. The suit claims Nearman was intoxicated while operating the boat and his actions "constituted a willful and wanton disregard for the rights and safety" of the Brosnahans.
Brandt, of Brandon, S.D., was the owner of the boat Nearman was operating. Brosnahan said in her lawsuit that Brandt is legally liable for all injuries and damages caused by Nearman.
No dollar amount was listed in the request for damages, but Brosnahan has asked that a jury enter a judgment against Nearman and Brandt in "a reasonable amount" in order to "deter such conduct in the future and to serve as an example to others." The suit said the amount in controversy exceeds $75,000.
Authorities have said that Nearman rammed the rear of the craft that carried the Brosnahans and then vaulted over it and sped off. Michael Brosnahan, 51, was killed when he was struck by the part of the boat that contains the gears and propeller.
Jill Brosnahan was hospitalized for several days with broken ribs, a broken shoulder blade and head lacerations that required surgery. She is seeking damages for medical expenses and lost income, both past and future, caused by her injuries. Brosnahan said in the suit she also has suffered permanent mental, emotional and psychological injuries from witnessing the death of her husband.
Four other people on the boat with the Brosnahans were not injured.
Authorities searched for more than a week before identifying Brandt's boat as the one involved in the accident. Nearman was arrested Aug. 23. He is charged in Dickinson County District Court with operating a boat while intoxicated resulting in the death of another person, operating a boat while intoxicated resulting in serious injury to another person and failing to offer assistance and aid.
His trial is scheduled for Feb. 7. If convicted, he could be sentenced up to 30 years in prison.
Nick Hytrek can be reached at 712-293-4226 or nickhytrek@siouxcityjournal.com.
Jill Brosnahan of Perry, Iowa, also is suing for loss of parental consortium on behalf of her two minor children and is seeking punitive damages against Justin Nearman and Richard Brandt. She filed the lawsuit Tuesday in U.S. District Court in Sioux City on behalf of the estate of her husband, Michael Brosnahan, and their children, Hannah and John.
Nearman, 30, of Sioux Falls, was the driver of the boat that struck the boat in which the Brosnahans and four others were riding in the early morning hours of Aug. 12. The suit claims Nearman was intoxicated while operating the boat and his actions "constituted a willful and wanton disregard for the rights and safety" of the Brosnahans.
Brandt, of Brandon, S.D., was the owner of the boat Nearman was operating. Brosnahan said in her lawsuit that Brandt is legally liable for all injuries and damages caused by Nearman.
No dollar amount was listed in the request for damages, but Brosnahan has asked that a jury enter a judgment against Nearman and Brandt in "a reasonable amount" in order to "deter such conduct in the future and to serve as an example to others." The suit said the amount in controversy exceeds $75,000.
Authorities have said that Nearman rammed the rear of the craft that carried the Brosnahans and then vaulted over it and sped off. Michael Brosnahan, 51, was killed when he was struck by the part of the boat that contains the gears and propeller.
Jill Brosnahan was hospitalized for several days with broken ribs, a broken shoulder blade and head lacerations that required surgery. She is seeking damages for medical expenses and lost income, both past and future, caused by her injuries. Brosnahan said in the suit she also has suffered permanent mental, emotional and psychological injuries from witnessing the death of her husband.
Four other people on the boat with the Brosnahans were not injured.
Authorities searched for more than a week before identifying Brandt's boat as the one involved in the accident. Nearman was arrested Aug. 23. He is charged in Dickinson County District Court with operating a boat while intoxicated resulting in the death of another person, operating a boat while intoxicated resulting in serious injury to another person and failing to offer assistance and aid.
His trial is scheduled for Feb. 7. If convicted, he could be sentenced up to 30 years in prison.
Nick Hytrek can be reached at 712-293-4226 or nickhytrek@siouxcityjournal.com.
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