The lawsuit surrounding the tragic and violent death of Miami Marlins pitcher Jose Fernandez last year has been anything but a gentlemanly affair.
Through motions and quotes to the media, the lawyers who represent the two men who died alongside Fernandez in a boat crash and those who work for Fernandez’s estate have traded barbs that include the words “callous” and “gross” as well as “incendiary.”
This week, however, court records show both sides — the plaintiff families of Emilio Macias and Eduardo Rivero and Fernandez’s defendant family — agreed on one thing: They don’t want the autopsy photos of the three men to end up online or in the papers.
In August, Fernandez’s lawyer filed a subpoena with the Miami-Dade County Medical Examiner’s office to obtain the photos of the bodies, and the photos are expected to be delivered soon.
Macias and Rivero’s attorneys, who aren’t responding to requests for comment, objected to “the disclosure of sensitive photographs,” which led to this week’s agreement. It bans anyone involved in the lawsuit from sharing or showing the shots with other people.
According to investigators, Fernandez had a blood alcohol level of .147. nearly twice the legal DWI limit, and used cocaine before the trio’s boat outing in the middle of the night Sept. 25, 2016.
Investigators estimated the 24-year-old Cuban defector Fernandez’s boat was traveling at 65.7 mph in complete darkness before it hit a jetty off Government Cut, killing all aboard.
The families of Fernandez’s friends are expected to ask for millions in punitive damages as the case filed in February goes forward.