Lake crash lawsuit names 74 defendants
John Pirro, Staff WriterNEW MILFORD -- A lawyer representing the estate of one of two men killed in a 2008 boating accident on Candlewood Lake is suing more than 70 defendants he claims are responsible for the crash.
Attorney Agostinho Ribeiro brought the lawsuit on behalf of John Wanat, of Redding, whose son, Jason, died when the speedboat he was riding in collided with a fishing boat on the dark lake on the night of July 19, 2008.
The suit is the latest and, in terms of the number of parties named, the largest in what is shaping up as a string of litigation stemming from the horrific crash, which also killed the operator of the speedboat, Richard "Teddy" Layton, of New Milford, and critically injured another passenger, Danbury firefighter Kevin Sullivan.
Two occupants of the fishing boat, who were taking part in an overnight bass fishing tournament, were less seriously hurt.
Wanat's lawsuit names 74 defendants, including the injured fisherman, William D'Addio, of Mahopac, N.Y.; his passenger, Michael Iannucci, of Cortlandt Manor, N.Y.; 22 other members of the sportsmen's club participating in the tournament; delegates to the Candlewood Lake Authority and its staff; members of the lake patrol and the five municipalities that comprise the lake authority -- Danbury, New Milford, Brookfield, Sherman and New Fairfield.
"It's the biggest case we've ever handled, in terms of the number of people involved," said Ribeiro, a partner in the Danbury firm of Ventura, Ribeiro and Smith.
Not named in the suit is Layton, who state Department of Environmental Protection investigators said caused the accident because he was intoxicated, speeding and operating in violation of established rules of navigation.
Wanat's estate, Sullivan, D'Addio and Iannucci previously settled claims against Layton's estate out of court, according to attorneys involved in the case. The four parties divided proceeds from his boat insurance policy.
Layton, a tanker driver for his family's oil business, was operating his high-powered, 24-foot, Formula speedboat north in the narrow channel between Chimney Point and Vaughn's Neck when it crossed paths with an 18-foot bass boat driven by D'Addio.
The bass boat struck the Formula directly in the cockpit area, killing Layton and throwing Wanat overboard, according to reports. Sullivan sustained injuries that kept him hospitalized for months, but he has since returned to work full time, said his lawyer, David Bennett, of Danbury.
Even though the fishing boat hit the Formula, DEP investigators blamed Layton, because under maritime rules, the bass boat had the right of way.
But Ribeiro said experts he consulted will tell a different story.
The suit claims D'Addio, a member of the Watershed Bass Masters Association, a New York-based sportsmen's club that was sponsoring the tournament, wasn't licensed to operate a motorboat on the lake and didn't have a Connecticut safe boating certificate.
D'Addio also was speeding, operating without proper lighting, and didn't have a working horn or failed to use it, Ribeiro said.
The other fishermen who are club members, the club, and an associated organization, the New York Bass Chapter Federation, are being sued because they failed to ensure that D'Addio was licensed and qualified to operate on the lake, Ribeiro said.
"It sounds like they are suing everybody and everything connected with the tournament," said D'Addio's lawyer, Russell Palmer, of Middletown.
Also named as defendants are the Candlewood Lake Authority, including its executive director, Lawrence Marsicano, several authority officials and the 15 delegates to the board, as well as 23 members of the lake patrol.
"It's disappointing that it's gone this far," Marsicano said. "We feel it is pretty meritless."
New Fairfield First Selectman John Hodge called the lawsuit "a Hail Mary."
Wanat's lawsuit is the second legal action resulting from the accident. Last year, Wanat's estate, D'Addio and Sullivan sued Brookfield's Down the Hatch, the waterside bar and restaurant where Layton, Wanat and Sullivan had been served before the crash. That case is pending in Danbury court.
Bennett on Monday said he expects to file a suit similar to Wanat's within a few days. But Sullivan's action will name fewer defendants, because he will not be seeking damages from members of the lake patrol, the city of Danbury, or Danbury's delegates to the lake authority.
"My client is a fireman, and the city of Danbury has been wonderful to him, as has the fire department," Bennett said.
Both Ribeiro and Bennett said they plan to bring actions against the DEP, but they must first seek the approval of the state's Claims Commission.
A report released by the lake authority last year indicated that more boating accidents occurred on Candlewood Lake between 1998 and 2007 than on any other recreational body of water in the state.
Some of the reasons, according to the report, are the lake's size, the number of users, the annual fishing tournaments and the number of marinas and municipal boat launches ringing the lake.
"For too long, the lake has been like the Wild West, not patrolled or supervised, and for too long lake safety has been about finger-pointing, excuses and confusion," Ribeiro said.
"Perhaps this lawsuit will shed light on exactly who is in charge to protect the public and regulate the amount of boat traffic and fishing tournaments."
Contact John Pirro
at jpirro@newstimes.com
or at 203"'731-3342.
John Pirro, Staff WriterNEW MILFORD -- A lawyer representing the estate of one of two men killed in a 2008 boating accident on Candlewood Lake is suing more than 70 defendants he claims are responsible for the crash.
Attorney Agostinho Ribeiro brought the lawsuit on behalf of John Wanat, of Redding, whose son, Jason, died when the speedboat he was riding in collided with a fishing boat on the dark lake on the night of July 19, 2008.
The suit is the latest and, in terms of the number of parties named, the largest in what is shaping up as a string of litigation stemming from the horrific crash, which also killed the operator of the speedboat, Richard "Teddy" Layton, of New Milford, and critically injured another passenger, Danbury firefighter Kevin Sullivan.
Two occupants of the fishing boat, who were taking part in an overnight bass fishing tournament, were less seriously hurt.
Wanat's lawsuit names 74 defendants, including the injured fisherman, William D'Addio, of Mahopac, N.Y.; his passenger, Michael Iannucci, of Cortlandt Manor, N.Y.; 22 other members of the sportsmen's club participating in the tournament; delegates to the Candlewood Lake Authority and its staff; members of the lake patrol and the five municipalities that comprise the lake authority -- Danbury, New Milford, Brookfield, Sherman and New Fairfield.
"It's the biggest case we've ever handled, in terms of the number of people involved," said Ribeiro, a partner in the Danbury firm of Ventura, Ribeiro and Smith.
Not named in the suit is Layton, who state Department of Environmental Protection investigators said caused the accident because he was intoxicated, speeding and operating in violation of established rules of navigation.
Wanat's estate, Sullivan, D'Addio and Iannucci previously settled claims against Layton's estate out of court, according to attorneys involved in the case. The four parties divided proceeds from his boat insurance policy.
Layton, a tanker driver for his family's oil business, was operating his high-powered, 24-foot, Formula speedboat north in the narrow channel between Chimney Point and Vaughn's Neck when it crossed paths with an 18-foot bass boat driven by D'Addio.
The bass boat struck the Formula directly in the cockpit area, killing Layton and throwing Wanat overboard, according to reports. Sullivan sustained injuries that kept him hospitalized for months, but he has since returned to work full time, said his lawyer, David Bennett, of Danbury.
Even though the fishing boat hit the Formula, DEP investigators blamed Layton, because under maritime rules, the bass boat had the right of way.
But Ribeiro said experts he consulted will tell a different story.
The suit claims D'Addio, a member of the Watershed Bass Masters Association, a New York-based sportsmen's club that was sponsoring the tournament, wasn't licensed to operate a motorboat on the lake and didn't have a Connecticut safe boating certificate.
D'Addio also was speeding, operating without proper lighting, and didn't have a working horn or failed to use it, Ribeiro said.
The other fishermen who are club members, the club, and an associated organization, the New York Bass Chapter Federation, are being sued because they failed to ensure that D'Addio was licensed and qualified to operate on the lake, Ribeiro said.
"It sounds like they are suing everybody and everything connected with the tournament," said D'Addio's lawyer, Russell Palmer, of Middletown.
Also named as defendants are the Candlewood Lake Authority, including its executive director, Lawrence Marsicano, several authority officials and the 15 delegates to the board, as well as 23 members of the lake patrol.
"It's disappointing that it's gone this far," Marsicano said. "We feel it is pretty meritless."
New Fairfield First Selectman John Hodge called the lawsuit "a Hail Mary."
Wanat's lawsuit is the second legal action resulting from the accident. Last year, Wanat's estate, D'Addio and Sullivan sued Brookfield's Down the Hatch, the waterside bar and restaurant where Layton, Wanat and Sullivan had been served before the crash. That case is pending in Danbury court.
Bennett on Monday said he expects to file a suit similar to Wanat's within a few days. But Sullivan's action will name fewer defendants, because he will not be seeking damages from members of the lake patrol, the city of Danbury, or Danbury's delegates to the lake authority.
"My client is a fireman, and the city of Danbury has been wonderful to him, as has the fire department," Bennett said.
Both Ribeiro and Bennett said they plan to bring actions against the DEP, but they must first seek the approval of the state's Claims Commission.
A report released by the lake authority last year indicated that more boating accidents occurred on Candlewood Lake between 1998 and 2007 than on any other recreational body of water in the state.
Some of the reasons, according to the report, are the lake's size, the number of users, the annual fishing tournaments and the number of marinas and municipal boat launches ringing the lake.
"For too long, the lake has been like the Wild West, not patrolled or supervised, and for too long lake safety has been about finger-pointing, excuses and confusion," Ribeiro said.
"Perhaps this lawsuit will shed light on exactly who is in charge to protect the public and regulate the amount of boat traffic and fishing tournaments."
Contact John Pirro
at jpirro@newstimes.com
or at 203"'731-3342.