MCHENRY, IL — Alan Telmini is suing the man accused of causing the Fox River boat crash that killed his fiancée, Magdalena Jablonska, alleging he suffered physical injuries and severe emotional distress after being struck by the boat and witnessing Jablonska's fatal injuries just inches from him, according to a civil lawsuit filed in McHenry County.
Telmini and Michelle Macias, special administrator of the estate of Magdalena Jablonska, filed the lawsuit last week in McHenry County Circuit Court against Richard M. Stevenson, also known as Ricky Stevenson. The plaintiffs are represented by GWC Injury Lawyers LLC.
According to the lawsuit, Telmini was operating a Crownline runabout with Jablonska as a passenger on July 25 on the Fox River in or near McHenry. The complaint says the couple was traveling at a very slow rate of speed near the eastern shoreline of a narrow strip of the river and within a designated no-wake zone.
Stevenson was allegedly operating a newer South Bay tri-toon pontoon boat equipped with three 500-horsepower outboard motors. The lawsuit alleges Stevenson was traveling at more than 75 mph as he approached the same no-wake area.
The complaint further alleges Stevenson had consumed alcoholic beverages that significantly compromised his ability to safely operate the boat and that he was legally impaired. He was traveling with its bow significantly raised, which the plaintiffs allege compromised his ability to see Telmini's boat and those aboard it, which was directly in its path.
The complaint alleges Stevenson's boat struck the Crownline with such force that it rode up the stern of the couple's boat and flew over the top of it. An outboard sterndrive, pontoon tube or attached propeller caused fatal injuries to Jablonska, who was decapitated in the collision.
Jablonska died from her injuries on July 25.
Telmini's lawsuit seeks damages for the physical injuries he alleges he suffered during the crash, as well as negligent infliction of emotional distress.
According to the complaint, Telmini was physically struck on his left side when Stevenson's boat went over the couple's vessel. The lawsuit also alleges Jablonska was seated right next to Telmini and that he witnessed her fatal injuries during the collision.
"As a direct and proximate result" of the impact and witnessing Jablonska's death, Telmini suffered severe emotional distress and post-traumatic stress disorder, according to the complaint.
The lawsuit says Telmini has required medical care for his physical injuries and has needed medical, psychiatric and psychological treatment and counseling for the emotional trauma.
The complaint also alleges Telmini lost the value of his time and services because of his injuries.
The lawsuit accuses Stevenson of multiple acts of negligence, including operating a watercraft under the influence of alcohol and/or drugs, failing to maintain a proper and sufficient lookout, traveling at a speed greater than reasonable or prudent, failing to yield the right of way and operating the watercraft in a reckless and dangerous manner.
The complaint alleges Stevenson violated Illinois boating laws, including a statute prohibiting operating a watercraft under the influence and a statute concerning right of way. The estate's wrongful-death claim says Jablonska's surviving family members — including her mother, father and four sibilings — have suffered the loss of her love, affection, support and society.
The estate and Telmini each seek more than $50,000 in damages, plus costs, on each of the three counts filed.
Stevenson, 45, of Lisle, faces one count of reckless homicide and two counts of aggravated driving under the influence resulting in death, according to prosecutors. He remains in McHenry County custody while the criminal case proceeds. A judge ordered him held in jail while he awaits trial.
Prosecutors allege Stevenson was operating his triple-engine pontoon boat at full throttle as he entered a no-wake zone and was traveling nearly 80 mph when he collided with the Crownline carrying Jablonska and Telmini.
Authorities said Stevenson's blood alcohol concentration was 0.236, nearly three times Illinois' legal limit of 0.08. Prosecutors also allege that passengers on Stevenson's boat told investigators he had been stumbling on the dock before the crash.
Two people aboard Stevenson's boat were not seriously injured, prosecutors said.
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