hd&boatrider
08-01-2004, 07:20 AM
Drowning victim's family sues over CO levels: Relatives say city, county failed to maintain safety and to warn boaters
By BRIAN WEDEMEYER
Sunday, August 1, 2004 12:18 AM MDT
The family of a Southern California man who drowned in the Bridgewater Channel after breathing dangerous levels of carbon monoxide has sued both Lake Havasu City and Mohave County.
A lawsuit filed in U.S. District Court seeks unspecified money damages for the family of Mark Tostado, who drowned over Memorial Day weekend in 2003. The Channel, which typically attracts hundreds of boaters and partygoers on busy summer weekends, has been identified as a potential health hazard due to carbon monoxide poisoning from boat exhaust.
A medical examiner listed carbon monoxide as a secondary cause of Tostado's death. His carbon monoxide level was measured at 47 percent - well above federal safety limits. Mark Jewett, the family's attorney, could not be reached for comment.
The lawsuit alleges that the city and county failed to maintain public safety and adequately warn boaters of a known danger. The city and county both rejected $2 million wrongful death claims by the family last winter. The lawsuit seeks unspecified damages.
The city, which was served July 26, forwarded the lawsuit to its insurance carrier for review. City Attorney Maureen George declined comment, citing pending litigation.
The family alleges that the defendants should have known that an excessive amount of boats in the Channel created a health hazard. It mentions a drowning in 2002 from carbon monoxide exposure and numerous non-fatal poisonings that are documented.
In addition, the family also claims the city and county also should have known that dangers would be worse because the Channel environment includes excessive alcohol use the presence of water.
The complaint also cites a 2002 preliminary study the National Institute for Occupational Safety and Health (NIOSH), which reported that city employees were exposed to high levels of carbon monoxide while working at the Channel. Prior to Memorial Day weekend in 2003, the city took some precautionary measures to reduce employee exposure. Work shifts were shortened and carbon monoxide monitors were handed out to the employees.
"These measures were taken years after the defendants were first made aware of the dangers of carbon monoxide poisoning at the Channel," the complaint stated.
Following a summer-long evaluation by a private consultant, the City Council took some action to reduce carbon monoxide exposure in the Channel prior to last Memorial Day weekend. Those measures included a public information program, an air quality monitoring and advisory system, and an ordinance prohibiting boats from idling in the Channel while beached.
The Channel was temporarily closed twice over Memorial Day weekend and once over Fourth of July weekend this summer after carbon monoxide levels became hazardous.
You may contact the reporter at bwedemeyer@havasunews.com
By BRIAN WEDEMEYER
Sunday, August 1, 2004 12:18 AM MDT
The family of a Southern California man who drowned in the Bridgewater Channel after breathing dangerous levels of carbon monoxide has sued both Lake Havasu City and Mohave County.
A lawsuit filed in U.S. District Court seeks unspecified money damages for the family of Mark Tostado, who drowned over Memorial Day weekend in 2003. The Channel, which typically attracts hundreds of boaters and partygoers on busy summer weekends, has been identified as a potential health hazard due to carbon monoxide poisoning from boat exhaust.
A medical examiner listed carbon monoxide as a secondary cause of Tostado's death. His carbon monoxide level was measured at 47 percent - well above federal safety limits. Mark Jewett, the family's attorney, could not be reached for comment.
The lawsuit alleges that the city and county failed to maintain public safety and adequately warn boaters of a known danger. The city and county both rejected $2 million wrongful death claims by the family last winter. The lawsuit seeks unspecified damages.
The city, which was served July 26, forwarded the lawsuit to its insurance carrier for review. City Attorney Maureen George declined comment, citing pending litigation.
The family alleges that the defendants should have known that an excessive amount of boats in the Channel created a health hazard. It mentions a drowning in 2002 from carbon monoxide exposure and numerous non-fatal poisonings that are documented.
In addition, the family also claims the city and county also should have known that dangers would be worse because the Channel environment includes excessive alcohol use the presence of water.
The complaint also cites a 2002 preliminary study the National Institute for Occupational Safety and Health (NIOSH), which reported that city employees were exposed to high levels of carbon monoxide while working at the Channel. Prior to Memorial Day weekend in 2003, the city took some precautionary measures to reduce employee exposure. Work shifts were shortened and carbon monoxide monitors were handed out to the employees.
"These measures were taken years after the defendants were first made aware of the dangers of carbon monoxide poisoning at the Channel," the complaint stated.
Following a summer-long evaluation by a private consultant, the City Council took some action to reduce carbon monoxide exposure in the Channel prior to last Memorial Day weekend. Those measures included a public information program, an air quality monitoring and advisory system, and an ordinance prohibiting boats from idling in the Channel while beached.
The Channel was temporarily closed twice over Memorial Day weekend and once over Fourth of July weekend this summer after carbon monoxide levels became hazardous.
You may contact the reporter at bwedemeyer@havasunews.com