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Family of drowning victim cannot sue

Ursula St. Clair sued the Bayview Yacht Club after her sister drowned in the Club's Marina.  The sister, Layla Deitz, had been drinking in the Club's bar at a private party when she was kicked out of the bar because she was visibly intoxicated.   She then accompanied William Carleton, II, to his yacht, where the couple were discovered by another boater having sex in a  rigid inflatable boat.  Carleton claimed that Deitz was embarrassed at her circumstances and insisted that he leave.  In any event, he did drive away, leaving the drunken, upset young woman on the dinghy.  Her body was discovered floating near the marina days later with bruises on her legs and a bruise on her temple. 

Her family sued the Marina, arguing that its inattention to safety issues, including lighting, had resulted in Dietz's death. The Court dismissed the claim because the family could not prove that any safety problems at the Marina had contributed to the drunken woman's death.  The family's "dramshop" claim against the Marina was dismissed earlier, because the family of a person who is served until visibly intoxicated cannot make a civil claim against the bar responsible.
Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262