Third Party Seeks Dismissal From Boat Suit

Last updated Wednesday, July 27, 2005 10:11 PM CDT in News

By Ron Wood
The Morning News

    FAYETTEVILLE -- A Springdale man has asked to be dismissed as a third party from a lawsuit claiming his actions were negligent and contributed to the injuries of a Texas man in an accident on Beaver Lake.

    Aaron Matthew Holleb, a Texas resident, claims he was thrown from the front of the boat in which he was a passenger when the boat struck a submerged obstruction near the U.S. 412 bridge and then ran over him during an outing on Aug. 2, 2001.

    Holleb, who was 20 at the time, suffered severe injuries when he was struck by the boat's propeller. His left arm was nearly severed and he had extensive lacerations and injuries to his back, buttocks and other areas of his body and suffered a collapsed lung, according to his suit in Washington County Circuit court.

    In a third party lawsuit, Seaark Marine, formerly Monark of Arkansas, maker of the boat, sued Donald Preece, who was incorrectly identified as "Priest," the owner of the boat and a relative of Justin Nicholas Williams, who was driving the boat at the time of the accident.

    The third party complaint alleged Preece was negligent in relinquishing full possession and control of the boat to people with insufficient experience operating boats and without first apprising them of how the boat should be operated. It also contends Preece modified the boat, which may have contributed to the accident.

    Preece denies he modified the boat. He also contends there are no factual allegations he negligently entrusted the boat to the young men using it, only unfounded conclusions. They were also experienced boaters, he said.

    Preece also maintains he received a release of all claims from Holleb on Jan. 7, 2002, which extinguishes any potential liability or right of recovery against him.

    A federal version of the lawsuit against the U.S. Army Corps of Engineers was settled out of court.

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