The father of 7-year-old Reuben Roy, Carthage, who was killed in a July 26, 2024 boating accident has filed a wrongful death lawsuit against the boy's mother.
In the lawsuit, which was filed Thursday in Taney County Circuit Court, Jacob Edmonds, Joplin, accuses Bethany Roy, Carthage, of negligence and her father, Donald Roy, Joplin, of negligent entrustment for allowing her to drive his boat.
The details of the accident that killed Reuben Roy, who had just completed first grade at Columbian Elementary, is spelled out in the petition:
On July 26, 2024, Defendants Donald Roy and his daughter, Bethany Roy, and Bethany Roy’s son, Reuben Roy, were boating on Table Rock Lake in Taney County, Missouri. Defendant Bethany Roy operated a 1999 Maxum Marine motorboat (the “Motorboat”) owned by Defendant Donald Roy and used it to tow Reuben Roy while Reuben kneeboarded. The Motorboat used an outboard motor with a single propeller.At the time of the incident, Defendant Bethany Roy had less than ten (10) hours of experience operating a boat of any kind and had no formal instruction in boating safety.
While knee boarding, Reuben fell into the water and began to tread water and swim toward the Motorboat. With Reuben in the water, Defendant Bethany Roy put the Motorboat in reverse, moving it closer to Reuben.
Defendant Bethany Roy attempted to pick Reuben up from the rear of the Motorboat, instead of on the side, exposing Reuben to the Motorboat’s propeller. As the Motorboat approached Reuben, Defendant Bethany Roy failed to disengage the Motorboat’s motor, meaning the propeller was still spinning.
The Motorboat’s propeller struck Reuben as Defendant Bethany Roy backed up the Motorboat. The Motorboat’s propeller sucked Reuben in and Reuben became tangled in its propeller.
Reuben suffered fatal injuries from being struck by the propeller and was killed.
As a direct and proximate result of the negligent acts and/or omissions of Defendants Donald Roy and Bethany Roy as described in this petition, Reuben Roy was killed, and Plaintiff has suffered damages for the pain and suffering Reuben Roy endured between the time of his initial injury and his death, pecuniary losses by reason of the death of Reuben Roy, funeral expenses, and the loss of the reasonable value of the services, consortium, companionship, comfort instruction, guidance, counsel, training and support, as well as all other damages allowed under R.S.Mo. § 537.090 and/or Missouri law.
Edmonds is represented by Chad C. Lucas of the Lucas Law Firm, Springfield.
14 comments:
This is such a terrible incident that no one is ever going to get over - the death of this poor child. There are several lessons to learn, just because cars, boats, motorcycles, atvs, or utvs, look easy to drive and operate - you need to be aware and able to operate them in a safe way - people think they operate boats just like cars - get behind the steering wheel point them in one direction and turn right or left - without taking a boating safety course - yet this is the biggest failure is thinking you know everything and they are easy to operate!
With Memorial Day right around the corner - please practice safe boating practices so you and others can enjoy another day on this big blue marble.
Boating Crash Fatalities in Missouri:
2023: 6 fatalities in recreational boating crashes.
2022: 28 fatalities in recreational boating crashes.
2021: 28 fatalities in recreational boating crashes, which was 14 more than the previous year.
Leading Causes: The Missouri State Highway Patrol reports that in 2021, "failed to keep proper lookout" was the leading contributing factor for all crashes, followed by "water conditions (rough, chop, current, etc.)".
Other Contributing Factors: Impairment (alcohol/drugs) was a factor in ten crashes in 2021. Inexperience of the operator also resulted in two deaths in 2021, according to MSHP.
Drowning Incidents: There were 20 accidental drowning incidents in 2023, five fewer than in 2022.
Factors Contributing to Boating Accidents:
Lack of Boater Education.
Impairment: Impairment (alcohol/drugs).
Rough Water Conditions.
Inexperience of the operator.
Enjoy your boating experience with your family - Let's keep everyone safe on our local waterways.
Please be safe on the water there is no forgiveness in the water, things happen quick but boats respond slow
It's not enough that she and her daughter and father will never get over the emotional trauma? He has to get money out of it to make the pain and suffering even worse for them? She is a sweet girl who adores her children, who made a terrible mistake.
i can't imagine the pain this mother has endured, may God be merciful for her. I believe she learned a hard lesson and will be more careful in consideration of mechanical safety issues in the future. It shows the true character of the bio father. I wonder what kind of dad that he was to this child.. just thinking. This is such a sad situation & a tragedy.
What a terribly awful "Father." I hope he enjoys spending the money he makes off his sons' accidental death. Prayers for Ruebens family, may they find peace and comfort.
So many, cursing at the father for suing. It’s his right. Hypothetically if a Delta airline pilot makes a mistake and comes in to fast for a landing, kills some people. Should the family be able to sue for wrongful death? It was an accident, but that family should still be compensated (no amount will be enough) in some way. This is no different really, except it appears based off the complaint. The mother wasn’t licensed or qualified to be operating that vessel. everyone screaming at the father seems to only to be doing it because you know Bethany and it’s close to home. A tragic thing did happened, I know of Bethany as well and she is just the nicest person in the world, but it doesn’t change the facts that this accident happened.
I guess, I'm wondering what kind of dad he is, given the fact that the child didn't even have his last name. Is he a good dad, who just wasn't married to his child's mother, but was a constant in his son's life, anyway? Was he a man who created a child with this woman, yet walked away and and when the child was killed he decided he'd try to make some money from it?
CASENET: 21AP-PN00689 - PROTECTION ORDER
Judmt Full Order Protection
FULL ORDER FOR 1 YEAR. ORDER EXPIRES 8/30/2022
Consent Judgment
Associated Entries: 08/19/2021 - Adult Abuse Hearing Scheduled
Scheduled For: 08/30/2021; 8:30 AM; ANGELA AUSTIN VORHEES; Jasper County - Carthage
Hearing Held
Petitioner appears, Respondent appears. Respondent denies allegations but consents to full order of protection. Court grants Full Order of Protection for 1 year. So Ordered, Angela Vorhees, Family Court Commissioner
I was wondering the same thing
I wondered the same
They will be suffering from ptsd forever. So sad. Sounds like a money grab for the father. I hate to say that, but no amount of money will bring back his little boy. Horrific situation for everyone.
If it were the mother suing the father for being reckless during his weekend with their child, nobody would give it a second thought.
10:03 nailed it
You are most probably correct, however no one wins in a lawsuit like this. Mom needs to face punishment, more so than loosing her child- ignorance is no excuse when it comes to safety of operations of vehicles, motor boats or other equipment! Be responsible!!
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