The plaintiff, a minor, suffered a severe traumatic brain injury in a boating accident when the tube he was being towed on struck another boat.
The plaintiff's father, who was operating the boat, was noted in default.
The court found the father negligent and reckless, but concluded he did not have knowledge that the loss would probably result, meaning the $1,000,000 liability cap under the Marine Liability Act applied.
Damages were assessed well in excess of the cap, but recovery was limited to $1,000,000 in aggregate for the minor and his mother.
