Marc S. Albert is pleased to announce the $2.9 million settlement of a wrongful death action brought on behalf of the family of a 41 year old technologist who was tragically killed in a boating accident in Greenport, long Island. The settlement is the culmination of nearly three years of litigation in which multiple obstacles were encountered and ultimately overcome, the most notable of which was the insurance carriers’ disclaimers for what they deemed to be a criminal and/or intentional act on the part of their insured in causing the subject accident.
The incident occurred when, after a night of socializing with friends in Eastern long Island, our client was invited by one of those friends onto a 30 foot Grady White vessel which he owned. Three other individuals were also invited onto the boat. Unfortunately, the owner and operator of the boat was highly intoxicated and operating the boat in an erratic manner when, without warning, the boat struck the Greenport Jetty, a 1000 foot long and 25 foot wide structure constructed of large boulders. Our client, who was seated on the bow of the boat, was propelled into the water and onto the Jetty upon impact suffering blunt force trauma to his head and other serious injuries from which he ultimately drowned. His body was not recovered from the water until three days after the accident at which time an autopsy confirmed the cause of death to be blunt force trauma and drowning. One of the other passengers of the boat was trapped under the boat after the boat capsized and also drowned.