Wrongful death lawsuit filed against Richard Stevenson after fatal Fox River boat crash
Wrongful death lawsuit filed against Richard Stevenson after fatal Fox River boat crash
The family of 48-year-old Magdalena "Madzia" Jablonska filed a wrongful death lawsuit against Richard Stevenson following the fatal Fox River boat crash in McHenry County.
CHICAGO - The family of a Des Plaines woman killed in a Fox River boat crash has filed a wrongful death lawsuit against the man accused of causing the collision, alleging he was intoxicated, speeding and operating his high-powered boat recklessly when he struck the vessel carrying Magdalena "Madzia" Jablonska.
Wrongful death lawsuit filed in Fox River boat crash
The backstory:
The lawsuit, filed Wednesday in McHenry County Circuit Court by GWC Injury Lawyers, names Richard M. Stevenson as the sole defendant. The plaintiffs are Michelle Macias, acting as special administrator of Jablonska's estate, and Jablonska's fiancé, Alan Telmini.
According to the complaint, Jablonska was riding as a passenger in a Crownline runabout operated by Telmini on July 25 as they slowly traveled through a designated no-wake zone along the Fox River near McHenry.
The lawsuit alleges Stevenson was operating a South Bay tri-toon pontoon boat powered by three 500-horsepower outboard motors when the collision occurred.
During Thursday's news conference, the family's attorney said the lawsuit is about more than financial compensation.
"The biggest thing that this family wants more than anything is to see him gone—not from the crane company, but from society," said Louis Cairo. "This man should spend the rest of his life in jail for what he did."
What the lawsuit alleges:
The complaint alleges Stevenson was traveling at speeds exceeding 75 mph as he approached the no-wake zone where Telmini and Jablonska were boating. It further alleges he operated the boat with its bow elevated high enough to obstruct his forward visibility and that he was legally impaired because of alcohol consumption.
According to the lawsuit, Stevenson's boat struck the rear of the couple's boat with enough force that it rode over the stern and became airborne. The complaint alleges one or more of the pontoon boat's propellers, pontoons or outboard motors caused the fatal injuries that killed Jablonska.
The lawsuit alleges Stevenson was negligent by:
- Operating a watercraft while under the influence of alcohol.
- Failing to keep a proper lookout.
- Traveling at an unreasonable speed.
- Failing to yield the right-of-way.
- Operating with excessive engine trim that allegedly obstructed his view.
- Otherwise operating the boat recklessly.
The wrongful death claim seeks damages exceeding $50,000, the jurisdictional minimum required to file the case in Illinois Law Division.
Additional claims:
In addition to the wrongful death claim, the lawsuit includes two separate claims brought by Alan Telmini.
The complaint alleges Telmini was physically struck when Stevenson's boat became airborne and flew over his vessel, causing injuries that required medical treatment.
It also alleges Telmini suffered severe emotional distress and post-traumatic stress disorder after witnessing Jablonska's death during the collision. According to the lawsuit, he continues to require medical and psychological treatment.
Family remembers 'Madzia':
Jablonska's younger sister described her as much more than a sibling.
"She pretty much raised me," she said, recalling how her older sister was always there during difficult moments and served as a second mother to many members of the family.
She said Jablonska often reminded loved ones that "everything happens for a reason," but added, "This didn't have to happen."
Telmini also described the moments before the crash.
"I heard loud engines," he said. "I looked to the left ... and then she was gone."
What's next:
Cairo said the civil lawsuit will proceed independently of the pending criminal case against Stevenson.
During Thursday's news conference, Cairo said they expect to pursue additional evidence through discovery and continue evaluating whether other defendants, including businesses that may have served Stevenson alcohol before the crash, could be added to the lawsuit.
Stevenson remains charged in McHenry County with aggravated DUI causing death and reckless homicide in connection with the July 25 crash. Fox Chicago reached out to Stevenson's lawyer Patrick Walsh for comment, but we are still waiting to hear back. Stevenson's next scheduled court date is August 21st.
The Source: The information in this article was reported by FOX Chicago's Bret Buganski.