Driver of boat in fatality is sued

The mother of a Gonzaga student who died in a boating crash on Lake Coeur d’Alene has filed a lawsuit in First District Court against the operator of one of the vessels involved in the July 30 collision.

Jessica Breeze, the mother of 21-year-old Caitlin Breeze, through her attorneys, Tim Gresback of Moscow and Richard E. Lewis of Spokane, filed a wrongful death complaint against Dennis Magner, the Spokane owner and alleged operator of a 2011 Mastercraft involved in the collision.

The lawsuit filed late last week alleges Magner was drunk when he drove his boat into a stationary vessel, a 1989 Formula occupied by Breeze and two others, Justin Luhr, 34, of Medical Lake and Justin Honken, 31, of Post Falls. The bodies of Breeze, Luhr and Honken were recovered from Lake Coeur d’Alene several days after the crash.

The five people aboard the Mastercraft, including Magner, 51, suffered minor injuries in the crash that occurred around 9:15 p.m. in the northern part of the lake.

“Magner owed a duty of care to other boaters on the lake,” according to the suit. “He breached his duty ... by operating his boat under the influence of alcohol and, or, narcotics.”

In addition, by operating the Mastercraft “at a rate of speed too fast for existing conditions ... (and) failing to keep a lookout for other boats without proper concern for the safety of others,” the suit alleges Magner acted negligently and recklessly.

Magner failed to yield to the Formula, and failed to take evasive action to avoid the collision, according to the lawsuit which seeks unspecified damages in excess of $10,000.

Neither Magner nor any of the passengers in the Mastercraft including Jonathan C. Sweat, 40, of Spokane, Alejanero M. Gutierriz, 33 of Arlington, Wash., Skye Neversorry, 24, of Spokane and Paige L. Archer, 25, of Hayden, were charged by authorities.

The Kootenai County Sheriff’s Office completed its investigation in February, forwarding its findings to Kootenai County prosecutors, who did not pursue charges.

Passengers on the Mastercraft told dispatchers Luhr’s boat was “completely blacked out and not moving,” and an initial investigation showed the reported driver of the Mastercraft had no signs of drug or alcohol use.

According to the lawsuit, passengers of Magner’s boat lied to authorities at the scene regarding who was driving the Mastercraft.

“Magner also intentionally orchestrated his passengers to lie to the sheriff’s deputies and say he was not the driver when, in fact, he was,” the complaint states.

According to the Sheriff’s Office, three of the occupants of Magner’s boat recanted their initial statements to deputies several days after the wreck, telling investigators Magner was the driver of the vessel.