The Great Smoky Mountain Journal
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Posted: Tuesday, January 01, 2019 02:22 PM
Speeding Boat Owner Sued By Oregon Fisherman Who Jumped Off His Smaller Boat And Just Missed Being Killed
A fisherman who was caught on camera jumping from said smaller boat into the Columbia River to avoid being struck by an oncoming much bigger motorboat last summer has filed a lawsuit for $372,500 against the other driver, The Oregonian reports.
Bryan Maess filed
the suit against Marlin Lee Larsen, accusing him of boating while
distracted by his cell phone. But Larsen denies the allegations and told
investigators he couldn’t see over the dash of his boat because he was
sitting down. The 75-year-old uses a motorized scooter when he’s on
land.
The video of the collision, captured by an onboard GoPro mounted to the
dash of Maess’ 20-foot Weldcraft fishing boat, shows him and fellow
passengers Christopher McMahon and Roni Durham frantically waving their
arms and yelling as Larsen’s 31-foot Bayliner speeds toward them. The
three then jump into the icy water moments before the boat comes
crashing over the top of theirs.
According to a report by the local sheriff’s department, drugs and
alcohol did not appear to be a factor, but Larsen was cited and released
for “Reckless Operation, 3 counts of Recklessly Endangering and 3 counts
of Assault in the 4th degree.”
Larsen told The Oregonian the accusation against him was “fake news.” He
pleaded not guilty to the charges and said the lawsuit was unnecessary
because no one was seriously hurt. His son-in-law, who was also on the
boat at the time of the accident, told investigators he warned Larsen to
pay attention and that he’d been using his cellphone off and on all
morning.
Sheriff’s investigators said that Maess and the others onboard would
have likely been seriously injured or killed had they not jumped into
the water, according to The Oregonian.
Maess claims he suffered from vision problems, headaches and injuries to
his ankle, leg and arm from the crash. His attorney said he’s also
dealing with psychological trauma and hasn’t been on a boat since the
crash. McMahon and Durham also suffered injuries, including hypothermia
and cuts, The Oregonian reports.
McMahon and Durham have yet to file lawsuits but have reportedly hired
attorneys to do so.
Michelle Gant is a writer and editor for Fox News Lifestyle. Follow her
on Twitter @Michelleleegan
