Parents of drowned rower sue Iowa State for negligence before 2021 training death
Yaakov Ben-David would still be alive if Iowa State University had followed its own basic safety rules and policies, his parents claim.
Ben-David, 20, and fellow ISU Crew Club member Derek Nanni died March 28, 2021, when the boat in which they were practicing capsized on Little Wall Lake. Three other club members in the boat survived.
His parents, Sarah and Eric Ben-David of Lakewood, New Jersey, filed suit against the university and three athletic officials on Tuesday, alleging recklessness and negligence in the hours, days and years leading up to the fatal practice.
A university spokesperson declined to comment on the lawsuit, which was filed in Story County court. The petition describes Ben-David as a 4.0 student, aspiring lawyer and "exceptionally kind person" and seeks damages for his suffering, death and lost lifetime income, and his parents' loss of his companionship.
Complaint: numerous safety rules not followed
The complaint follows a report released in September 2021 by the U.S. Council for Athletes' Health, and incorporates many of the report's findings in the complaint. The investigation found that university officials had ignored years of warnings that the crew program was not following key safety protocols, and that the student athletes who took to the boat at Little Wall Lake lacked critical safety gear and training on what to do in case of an accident.
Under the safety regulations established by USRowing, the club's national membership organization, and the club's own constitution, rowing is prohibited in winds of more than 14 mph or when air and wind temperatures are too low, according to the complaint. The safety rules require a separate safety launch with emergency equipment if members are rowing on a lake without a physical dock.
None of those rules were followed on the day of the practice, according to the lawsuit, echoing the previous report. Wind gusts in the area of the lake reached 25 mph, and the weather was cold enough that the crew members reported struggling to handle tools. Although the club did have a motor launch, it had been unusable for years, and, in 2021, investigators found some club members had not even been aware that regulations required them to use one.
The March 28 practice was the club's first time on the water in more than a year, due to COVID-19, and the first time ever for Ben-David and Naani. The club's volunteer coach, Dustin Gentry, did not attend the practice, and the student coxswain decided to continue with the practice despite knowing winds were exceeding 15 mph, according to the lawsuit. Once on the lake, a gust of wind caused the boat to capsize.
Previously:Iowa State students killed in crew club accident had never rowed on water before, reports say
Although USRowing dictates that boaters should stay with their overturned boat, the lawsuit alleges the students had never been trained to do so and decided to swim for shore. One succeeded in reaching shore, while two more were rescued by local residents. Naani and Ben-David both drowned, with Ben-David's last words, according to the lawsuit, being "I am sorry, guys."
Half an hour later, Gentry, unaware of what had happened, texted club members to cancel another practice scheduled later that day due to the weather, according to the complaint.
Multiple warnings to university officials before deaths
University officials had warnings prior to the fatal practice that all was not well with the crew club. A member wrote to the ISU Office of Recreation Services in February 2020, warning that the club was not following many USRowing safety protocols and asking for more equipment, including a launch boat and life jackets.
"As our club stands, it wouldn’t take much for someone to get seriously hurt,” the email warned.
The club had also made several requests to Recreation Services for help repairing its launch, Gentry told investigators. Despite this, other school officials were unaware that the club was not using a safety launch. Jeffrey Illes, the club's faculty advisor, approved the March 28 training trip and later told investigators he assumed that there would be a coach and a safety launch present and that "whoever was in charge knew what they were doing," according to the September 2021 report.
The lawsuit names Iles, Gentry and ISU Assistant Director for Sport Clubs Landon Wolfe as defendants alongside the university and the state, alleging that each had failed to properly support, oversee, and, if necessary, impose discipline on the club for breaches of safety protocols.
In the wake of the two deaths, Iowa State suspended the crew club, permitting it to resume this year only on an indoor virtual rowing machine. The university imposed new safety requirements on a number of other clubs. Some, such as the sailing, water ski and Nordic ski clubs, are no longer able to compete or physically engage in their sports as a university-recognized organization.
William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com, 715-573-8166 or on Twitter at @DMRMorris.
This article originally appeared on Des Moines Register: Iowa State sued by parents of ISU rower killed in training accident
