The O’Learys are facing a wrongful death lawsuit in connection to a fatal incident they were involved in this summer.
A boat crash on an Ontario lake on Aug. 24 claimed the lives of two people. Linda O’Leary, wife of celebrity businessman Kevin O’Leary, was driving the boat at the time.
A pair of people died in the two-boat crash on Lake Joseph, while three others were injured. The victims were identified as Gary Poltash, 64, of Florida and Susanne Britto, 48, of Ontario.
As a result of the crash, Linda was charged with careless operation of a vessel. In addition, the driver of the other boat, Richard Ruh, was charged with failing to exhibit navigation lights while underway.
In an untested and unproven statement of claim, relatives of a Susanne Brito are seeking $2 million in damages from the O’Learys, as well as from the driver and owner of the second boat.
The lawsuit, filed in the Superior Court in Oshawa, Ont., argues Brito’s death was the result of negligence.
“Suddenly and without warning, the O’Leary power boat violently struck the Ruh power boat, causing Susanne Brito to suffer serious personal injuries, resulting in her death,” the claim states.
It says that Linda failed to keep a proper lookout and was driving too fast. It also claims that she failed to heed the horn of the other boat, which was driven by Ruh and owned by Irv Edwards, who is also a defendant.
“She suddenly and without warning drove the O’Leary power boat directly into the path of the Ruh power boat,” the claim says.
The lawsuit also argues Kevin O’Leary failed to keep a proper lookout, didn’t have proper training or a licence, and failed to give the other boat the right of way.
It also asserts he had a history of poor vision, and that health professionals had advised him against operating a power boat or only under limited circumstances.
The claim goes on to argue that Kevin O’Leary knew, or should have known, that Linda was an inexperienced and unsafe driver, but he let her drive anyway even though she had a tendency for speeding and had no licence.
Although Kevin O’Leary is included in the lawsuit, he is not currently facing any charges related to the incident.
The suit seeks punitive damages, aggravated damages and general damages from the O’Learys.
