$31 Million Settlement in Death of Seven-Year-Old Boy Who Died in Boating Accident on Chicago River

The family of a 7-year-old boy who died in a boating incident on the Chicago River will receive $31 million. This settlement is reported to be the highest reported Illinois settlement for the wrongful death of a minor. This is according to the Illinois Jury Verdict Reporter.

Mariana M. Ochoa sued Heidelberg North America, its subsidiaries Heidelberg Materials Midwest Agg Inc. and HM US Services LLC and Captain Kenneth L. Stubbs in the Circuit Court of Cook County on behalf of the estate of the minor child, her son.

The lawsuit stated that Victor Lobato Ochoa died in 2020 after the motorboat capsized in which he was a passenger. The Ochoa boat was hit by a series of river wakes in the Chicago River’s south branch. This occurred in a “no-wake zone.” The wakes were caused by a towboat driven by Captain Stubbs; the towboat was pushing a barge, according to the 6^th amended complaint. Both the towboat and the barge were operated by Heidelberg.

The wakes washed over the Ochoa motorboat, which caused all of its passengers to be thrown overboard. Victor, the minor, was trapped under the boat and drowned. The lawsuit alleged wrongful death, claims under the Illinois Survival Act, and violations of the Chicago Harbor Code.

The estate of Ochoa was represented by the attorneys Michael L. Gallagher and Michael L. Shanahan, both of Gallagher Law Offices.

The court approved the settlement in the Law Division of the Circuit Court of Cook County on Aug. 12, 2025.

Ochoa v. Heidelberg Materials Midwest Agg, Inc., No. 2021 L 00672 (Cook County, Illinois).

Kreisman Law Offices has been handling boating accident lawsuits, wrongful death cases, catastrophic injury lawsuits, birth injury lawsuits, and medical malpractice lawsuits for individuals, families and loved ones who have been injured, harmed or killed by the carelessness or negligence of another for more than 49 years in and around Chicago, Cook County and its surrounding areas, including Oak Park, Berkeley, Elmhurst, Oakbrook Terrace, Bensenville, Schiller Park, Franklin Park, Park Forest, Forest Park, River Forest, Skokie, Morton Grove, Elk Grove Village, Itasca, Chicago (Albany Park, Irving Park, Portage Park, Belmont Cragin, Hermosa, Logan Square, Ravenswood, Edgewater, Uptown, Lakeview, Douglas, Kenwood, Woodlawn, Greater Grand Crossing, Avalon Park), Evergreen Park, Oak Lawn, Chicago Ridge, and Palos Park, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.