The Illinois Appellate Court for the Second District has reversed a Lake County, Ill., dismissal of a personal-injury and wrongful-death claim against Rene Melbourn who was dismissed on motion under the Illinois Code of Civil Procedures, Section 2-615, for failure to state a cause of action. The plaintiffs appealed the dismissal with prejudice of their second amendment complaint against Melbourn. The trial judge had found that the plaintiffs failed to state a claim for wrongful-death based on an “in-concert” theory of liability and the negligent infliction of emotional distress. Melbourn was the only defendant involved in the appeal.
The facts of the case were that on Dec. 13, 2013, the Borcia family, including Antonio Borcia, was out boating and tubing on Lake County’s Chain of Lakes. The defendant, Melbourn, was sued along with David Hatyina, Spring Lake Marina Ltd. and Fox Waterway Agency over the death of Antonio. In this boating accident, which killed Antonio, it was alleged that Melbourn was liable for in-concert liability for the wrongful death as well as negligent infliction of emotional distress for a bystander who witnessed the collision.
The incident involved Hatyina’s 29-foot cigarette boat, named “Purple Haze,” which struck and killed Antonio on Petite Lake, in Lake Villa, Ill. Melbourn was a passenger on the boat; it was alleged she contributed to Hatyina’s consumption of alcohol and cocaine. Hatyina was impaired as he operated the boat at speeds in excess of 40 mph. Hatyina struck Antonio with the boat. Antonio suffered severe injuries that resulted in his death on July 28, 2012.