MIAMI — Lawyers for the estate of deceased Miami Marlins pitcher Jose Fernandez finally responded to a lawsuit filed in the spring by the families of the two men who died with Fernandez in last year’s boat crash off Miami Beach.
According to papers filed in court by downtown Miami attorney Charles Davant July 31, Fernandez’s camp denies the ball player was negligent when he crashed his 32-foot SeaVee into a Government Cut jetty Sept. 25, 2016.
Davant also claims Fernandez “is not the cause … of the incident that resulted in the alleged injuries.”
And the lawyer ads in the paperwork that the deaths were the result of “an accident which, insofar as (defendant) is concerned, was unforeseeable.”
Fernandez’s dead friends, Davant continues, are “responsible in whole, or in part, for (their) injuries.”
In his scathing reply Chris Royer, who represents the families of victims Eduardo Rivero and Emilio Macias, filed a copy of the conclusion in the Florida Fish and Wildlife Conservation Commission accident report.
The conclusion mentions there’s no doubt Fernandez was at the helm when the motorboat crashed.
And, had he lived, Fernandez would’ve been charged with Boating Under Influence manslaughter, vessel homicide, reckless operation of a vessel and failure to operate a vessel at a safe speed.
Fernandez, the Macias/Rivero camp claims, was “legally intoxicated” after a night of partying and had cocaine in his blood stream.
Neither Davant nor Royer replied to requests for comment about their latest filings.