Florida Injury Lawyer Blawg
About a year after a young man was killed in a horrific boat crash, his family retained Leesfield & Partners to represent them in a case against the negligent boater responsible for his death.
Our clients are seeking justice for the irreparable damage done to their family with the loss of their son due to the negligence of Eric Rodriguez, 25, the captain of the boat on the night of the crash.
Rodriguez was intoxicated, according to law enforcement, and fully aware that the plan for that day involved binge drinking. He failed to secure a safe and sober boater to ensure the group could return to shore safely and drove the boat recklessly, speeding far beyond the area’s posted limit.
His disregard for the low visibility in the dark, combined with heavy rain, created a dangerous situation for all his passengers, including our client’s son. Our client’s son would still be alive today were it not for Rodriguez’s careless and negligent actions that night.
What Happened?
The crash happened in September 2023 while Justin Sosa, the young son of our client, was a passenger on Rodriguez’s boat. At least five others were also on the boat that day with the plan to head to the Miami Marine Stadium off Virginia Key to drink and party. Rodriguez was the only person driving the boat that day.
The group left the stadium and headed back to the Keystone Point Marina around 10:30 p.m. after hours of drinking. Compounding the issue of Rodriguez’s intoxication was the heavy rain that took place that night. Despite these dangers, Rodriguez continued to speed back to the marina, as is evident by GPS data analyzed following the crash.
At 10:56 p.m., the group approached Channel Marker Number 20 in the Intracoastal Waterway at 45 mph and crashed.
Justin Sosa was ejected from the boat and his skull was impaled by a metal rod that protruded from the channel marker, killing him instantly. He was 24.
In a report from the Florida Fish and Wildlife Conservation Commission (FWC), officers reported finding countless bottles of alcohol on the boat varying from hard liquors to beer.
Officers who drew Rodriguez’s blood more than six hours after the crash discovered he had a 0.79 Blood Alcohol Content. At the time of the crash, his BAC would have been approximately .169. This is more than twice the legal limit.
“This preventable tragedy is a direct result of the defendant’s gross negligence,” said Trial Lawyer and Partner, Justin B. Shapiro, in a statement Tuesday to The Miami Herald. “We are committed to seeking justice for Justin’s family and holding the responsible party accountable.”
In March, Rodriguez was charged with one count each of boating under the influence/manslaughter and vessel homicide resulting from reckless driving. If convicted of the second-degree felony, Rodriguez could be sentenced to up to 15 years in prison.
Florida Law
In Florida, boaters are responsible for the safety of all passengers. Just as on land, it is a violation of state law to operate a vessel while impaired by drugs or alcohol. A boater suspected of operating a vessel under the influence must submit to various tests, including blood, chemical, and other sobriety tests, to determine blood or breath alcohol content. Boaters are considered under the influence if their blood alcohol content is 0.08 or above.
According to annual FWC numbers in its boating incident report, there were approximately 659 reportable boating accidents statewide in 2023. Of the total accidents, 182 involved collisions with fixed objects, making this the most common type of vessel collision on the water in 2023.
Our client and Sosa’s mother, Danielle Sosa, said in The Herald Tuesday that the family is devastated by the shocking loss of their son and “the very preventable circumstances of his death.”
“We are bringing this lawsuit to ensure accountability for Justin’s death and to bring awareness to the dangers of boating while intoxicated,” she said.
About Leesfield & Partners
Leesfield & Partners is among the longest-running personal injury law firms in Coconut Grove with experience spanning over four decades in practice areas such as cruise ship injuries, premises liability, motor vehicle accidents and boat crashes. As a firm in a state that has been dubbed the “boating capital of the world,” Leesfield & Partners attorneys have extensive experience guiding families through the legal system as they doggedly seek justice for their injuries.
Previously, the firm represented the family of a minor who tragically died after being hit by a boat while he snorkeled. The boat was driven by another minor who was known to speed and drive recklessly. The teen boater did not stop when he hit our client’s son and instead attempted to cover up evidence and lie to the police when questioned.
Neighbors testified about the teen’s dangerous history of reckless boating. A $1.7 million settlement was obtained for the family in that case.
Leesfield & Partners previously recovered $935,750 for a woman injured in a jet ski and boating accident.
The firm secured $2 million in a wrongful death case involving a diver killed when a motorboat failed to see prominent divers-down flags in the area.
Recently, Bernardo Pimentel II, a Leesfield & Partners Trial Lawyer, secured the maximum capped settlement for a diver killed by a law enforcement officer who did not adhere to divers-down flag regulations.
The firm also represented the family of a young woman killed when the boat she was on crashed into a concrete dock. Leesfield & Partners attorneys were able to prove that the boater in that instance was drinking and speeding the night of the tragic crash. Our client’s daughter was thrown overboard and rushed to the hospital where she later died.
Attorneys with the firm recovered $1,325,000 in that case.
Leesfield & Partners also represented the family of a snorkeling excursion passenger who died after the charter boat collided with a channel marker. Attorneys with the firm secured $1,850,000 for the family.
A $575,000 settlement was secured in the drowning death of a man against a Florida boat tour company.
