Family of woman killed in boat crash involving Linda O’Leary suing for wrongful death

The parents and sister of the Uxbridge woman who was killed in the fatal boat crash involving Kevin and Linda O’Leary this summer are now suing for wrongful death.

Susanna Brito was one of two people killed in the crash on Lake Joseph on Aug. 24 when the O’Learys’ boat, with Brito aboard, collided with one driven by Richard Ruh, 57, of Orchard Park, N.Y.

A Florida accountant, Gary Poltash, 64, who was on Ruh’s boat, died at the scene. Brito, 48, was critically injured and died in hospital.

“Our family has lost a beautiful, loving person. We are devastated. We sincerely hope that through this process, that justice is served and that steps are taken so that innocent victims like Suzie, are not seriously injured and killed and that other families do not have to go through such pain and loss,” Rosa Ragone, Brito’s mother, said in a statement.

The family is 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 Superior Court in Oshawa, argues Brito’s death was the result of negligence.

Among other things, it argues Kevin O’Leary, 65, of Toronto, knew or should have known that his 56-year-old wife was “incapable of operating the power boat with due care and attention” but let her drive anyway even though she had a propensity for speeding and had no licence.

The claim also asserts Linda O’Leary failed to keep a proper lookout, was driving too fast, and failed to heed the horn of the Ruh boat, owned by Irv Edwards, of Manhattan Beach, Calif., who is also a defendant.

The lawsuit similarly argues Kevin O’Leary failed to keep a proper lookout, didn’t have proper training or a boat-operator 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.

“For this grieving family, it is about obtaining civil justice so as to prevent these types of deaths and curtailing reckless and dangerous behaviour from continuing on our lakes,” the family’s lawyer, Patrick Brown, said in a statement.

Linda O’Leary has been charged with careless operation of a vessel and is due back in court later this month.

Kevin O’Leary is not facing any charges in the incident.

The man operating the other boat is also facing a charge of failing to exhibit a navigation light.