The family of a young man that was killed while trying to remove a boat from a sandbar has filed a wrongful death lawsuit against a radio DJ that not only asked for the man's help, but also failed to turn off the engine's throttle, as reported by Channel 7 News WSVN.com from Fort Lauderdale, Miami.
E.H., 23, of South Florida, was killed on May 4 during a boating accident off Key Biscayne. His family announced the filing of the lawsuit on May 9. The defendant is Lazaro Mendez, also known as DJ Laz.
The lawsuit states that before the accident Mendez's boat had become caught in a sandbar when Mendez asked E.H. to help others pull it out and push it back into the water. According to the suit Mendez "carelessly and recklessly engaged the throttles of the engines" which shredded E.H. to death.
During a press conference on May 9 the family's attorney, Carlos Silva, said, "He was totally reckless in what he did, because he could have had Sea Tow, which was standing five minutes away, push the boat right off the sandbar… common sense dictates that, if you're stuck in a sandbar, you don't have people pushing the boat behind you with the motors going and the throttle spinning."
Along with Mendez, Voli Spirits is also named in the suit as the promoter of the "Voli Vodka Boat Party" – though the owner of the vodka company, singer Pitbull, is not.
According to the family E.H. was only recently hired as a bodyguard for the event.
M.V., E.H.'s mother, commented, "He's my baby, the only boy, my best friend, everything in the family…"
Silva added, "This young man, (E.H.), was 23 years old. He'd just graduated from the police academy. He was a big, strong guy, a teddy bear, a guy that everybody loved, and he was a Good Samaritan all around."
M.V. has no other sons and has had difficulty considering that her son, and any chance of another, is gone forever. M.V. said, "I don't wake up yet. I think he's going to get back to my house. [He told me], 'I'm going to see you soon.' He went out on Sunday, and I'm still waiting [for him] to get back to my house. What I need is my son, and I do not have him anymore…because I'm already 48 years old. I can't be having no babies anymore."
Mendez expressed his feelings in a public posting on his Facebook page that read, "My family and I send our heartfelt condolences to the family and friends of (E.H.); they are in our thoughts and prayers. I have and will continue to cooperate fully with investigators during this tragic time."
The police investigation is ongoing, however it has been released that blood was not drawn from Mendez at the time of the accident to determine his blood alcohol content. According to the police there was not enough probably cause to warrant the test.
Loosing a loved one in any type of circumstance is difficult. However, if you have lost a loved one in what you believe to be a wrongful death, contact a personal injury lawyer to discuss it right away!