Attorneys 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 July 31 by Miami attorney Charles Davant, Fernandez’s camp denies the ball player was negligent when he crashed his 32-foot SeaVee into a Government Cut jetty on Sept. 25, 2016.
Davant also asserts Fernandez “is not the cause … of the incident that resulted in the alleged injuries.”
And the lawyer adds in the paperwork that the deaths were the result of “an accident which, insofar as [defendant[ is concerned, was unforeseeable.”
Fernandez’s friends, Davant continues, are “responsible in whole, or in part, for [their] injuries.”
In a 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 bloodstream.
Neither Davant nor Royer replied to requests for comment about their latest filings.