12-year-old injured by boat on Smith Mountain Lake – $303,500 Settlement

Evelyn Mino was 12 years old on July 2, 2005, when she traveled from her home in Kernersville, N.C., to Smith Mountain Lake. At the time, she had little to no boating or water sports experience, but the friends with which she went promised to look after her.
Once at Smith Mountain Lake, the individuals with whom Mino’s parents had entrusted her turned her supervision over to other acquaintances. With no training of any kind and without parental permission, Mino ultimately found herself being pulled behind a jet ski while riding on a tube. Pulling the tube was defendant Annette DeYoung. DeYoung’s minor daughter was serving as a “spotter” and another minor female was on the tube with Mino.

The allegations in the lawsuit were that DeYoung operated the jet ski in a careless and negligent manner causing Mino to be thrown from the tube and to fall into the path of an oncoming boat operated by defendant Lorenzano. Despite Mino’s attempts to swim away, Lorenzano ran her over and his propeller blade apparently struck Mino causing her severe injuries to her ankle, knee, leg and upper/thigh groin. Mino’s femoral vein was significantly compromised and she required emergency vascular, orthopedic and other treatment.

Mino was prepared to present expert testimony showing that both of the defendants acted negligently. Liability was especially contested by Lorenzano, but Mino’s expert was prepared to testify that he was negligent in that he failed to maintain a proper lookout, failed to observe the 50-foot “no wake” rule and failed to take appropriate evasive maneuvers.

The settlement represented the full policy limits of the only applicable policy plus additional money paid by one of the defendants personally.

[09-T-045]

Type of Action: Personal injury
Injuries Alleged: Severe vascular, neurological and orthopedic leg injuries
Name of Case: Evelyn Mino, an infant, through her next friend, Hector Mino v. Annette K. DeYoung and Timothy H. Lorenzano
Court: Bedford County Circuit Court
Case No.: CL05011299-0
Settlement Date: Sept. 15, 2008
Verdict/Settlement: Settlement
Amount: $303,500
Plaintiff’s Attorneys: Matthew W. Broughton and Gregory D. Habeeb, Roanoke