Suing your canyoneering partner

[Iceaxe]

This is just wrong, those of us who play stupid games know we sometimes win stupid prizes. Suing our friends is not the answer.....
https://norcalrecord.com/stories/511528521-wrongful-death-suit-filed-by-parent-of-man-who-drowned-on-kings-canyon-national-forest-trip

Wrongful death suit filed by parent of man who drowned on Kings Canyon National Forest trip

By Jenie Mallari-Torres Aug 21, 2018

FRESNO – The parent of a man who drowned while on an expedition in Kings Canyon National Forest has filed a wrongful death suit against one of man's companions.


https://jnswire.s3.amazonaws.com/jns-media/86/43/176849/general_court_10.jpg

FRESNO – The parent of a man who drowned while on an expedition in Kings Canyon National Forest has filed a wrongful death suit against one of man's companions.

Dante Chiarabini, as personal representative of the estate of Luca Chiarabini, filed a complaint on July 27 in the Fresno County Superior Court against Richard Ianniello and Does 1-10 alleging wrongful death.

According to the complaint, on Aug. 3, 2017, Luca Chiarabini was on a wilderness canyoneering expedition with Ianniello and another companion, William Hunt.

The suit states as the decedent attempted to cross the Kings River in the Kings Canyon National Forest, he explicitly instructed defendant Ianniello to properly anchor the rope so that he did not drift into the rapids, which were located downstream. The suit states Ianniello failed to execute this, causing the decedent to be swept downstream.

The plaintiff holds Ianniello and Does 1-10 responsible because the defendants allegedly allowed the rope to extend past the knot connected the ropes against instruction, failed to properly anchor the rope and failed to keep Chiarabini in sight.

The plaintiff requests a trial by jury and seeks judgment against defendants for general and special damages, interest, funeral and burial expenses, costs of suit, and further relief as the court deems just. The plaintiff is represented by Grant G. Teeple, Frederick M. Reich and Christine T. Levu of Teeple Hall LLP in San Diego.

Fresno County Superior Court case number 18-CECG-02801



Climb-Utah.com

[Iceaxe]

For anyone interested here is the original thread on Luca's death.

https://r.tapatalk.com/shareLink?url=http%3A%2F%2Fwww%2Ebogley%2Ecom%2Ffo rum%2Fshowthread%2Ephp%3Ft%3D77131&share_tid=77131&share_fid=3742&share_type=t

Climb-Utah.com

[kiwi_outdoors]

Commercial trip or just friends? Reads like its just friends. I seem to recall that swift water+rope = big time danger, am I wrong?

[kiwi_outdoors]

This also comes back to "Always have a Plan B that is a fun trip" - so that you do not pursue a (dangerous) Plan A to your death.

[Iceaxe]

This was a friend trip and not commercial. If it was commercial I'd be a little more understanding.

And yes, swift water canyoneering is a big step up from many of the rap-n-swim kiddie canyons that are so popular in Utah.

[Scott Card]

:facepalm1:

[twotimer]

A few years ago while at a Zion Rondi, I went with a group of 7 or 8 to Fat Man's. Joining us was another group, so we had 15-16 altogether on that hike. We stayed pretty much together until the climb out, as you can imagine.

Anyway, the "leader" of the other group was telling me about the time someone got jacked up down there and it took them something like 18 hours to get him back to the road. In the dark, they carried him out.

I told him I thought that was foolish. I would set him up with food and water and would have run out and called SAR to do a proper extraction. What if they would have hurt him even worse? Can you say lawsuit?

The "leader" sure didn't like hearing that...said something like "That's was compassionate people do for each other". Yeah, well I don't care if the guy can't afford the thousand bucks or whatever it costs to get him out...sucks to be him. 18 hours of sheer hell? No thanks.

I'll get back to the road faster than anyone else, though.

[mcweyen]

Well, it sounds more like an angry / sad mother making this happen rather than a friend, but that sure is rough. Maybe she's financially broke as well? Either way, the whole situation is ugly.

[Jamestheone85]

Shit... how does one end up doing something like that?!



This is just wrong, those of us who play stupid games know we sometimes win stupid prizes. Suing our friends is not the answer.....
https://norcalrecord.com/stories/511528521-wrongful-death-suit-filed-by-parent-of-man-who-drowned-on-kings-canyon-national-forest-trip

Wrongful death suit filed by parent of man who drowned on Kings Canyon National Forest trip

By Jenie Mallari-Torres Aug 21, 2018

FRESNO – The parent of a man who drowned while on an expedition in Kings Canyon National Forest has filed a wrongful death suit against one of man's companions.


https://jnswire.s3.amazonaws.com/jns-media/86/43/176849/general_court_10.jpg

FRESNO – The parent of a man who drowned while on an expedition in Kings Canyon National Forest has filed a wrongful death suit against one of man's companions.

Dante Chiarabini, as personal representative of the estate of Luca Chiarabini, filed a complaint on July 27 in the Fresno County Superior Court against Richard Ianniello and Does 1-10 alleging wrongful death.

According to the complaint, on Aug. 3, 2017, Luca Chiarabini was on a wilderness canyoneering expedition with Ianniello and another companion, William Hunt.

The suit states as the decedent attempted to cross the Kings River in the Kings Canyon National Forest, he explicitly instructed defendant Ianniello to properly anchor the rope so that he did not drift into the rapids, which were located downstream. The suit states Ianniello failed to execute this, causing the decedent to be swept downstream.

The plaintiff holds Ianniello and Does 1-10 responsible because the defendants allegedly allowed the rope to extend past the knot connected the ropes against instruction, failed to properly anchor the rope and failed to keep Chiarabini in sight.

The plaintiff requests a trial by jury and seeks judgment against defendants for general and special damages, interest, funeral and burial expenses, costs of suit, and further relief as the court deems just. The plaintiff is represented by Grant G. Teeple, Frederick M. Reich and Christine T. Levu of Teeple Hall LLP in San Diego.

Fresno County Superior Court case number 18-CECG-02801



Climb-Utah.com