EDWARDSVILLE – The defendants in a case involving the drowning death of a three-year-old boy in a residential community's lake filed a countersuit against the boy's mother, claiming she was under the influence of marihuana at the time of the incident and is responsible for his death.
The original lawsuit was filed in the Madison County Circuit Court by Plaintiff William Carruba, individually and on behalf of the Estate of William Carruba, Jr., against Dawn Wilson and Mallard Lake, LLC, citing negligence.
According to Carruba Sr.'s lawsuit, he entered into a lease agreement with the defendants on September. 14, 2018, to rent a Pontoon Beach property in the Mallard Lake community. Near the property was a small lake, which had an open and unfenced platform. The lawsuit states that over time, the water around the platform has dried up, leaving rocks and debris exposed. Carruba Sr. claims he asked the defendants to put a fence around the unfenced platform, but his request was allegedly ignored.
On March 5, 2021, the plaintiff's three year old son he fell off the unfenced platform, hit his head on the rocks, and drowned. Carruba Sr. claims the defendants negligently failed to properly maintain the area around the lake to protect the safety of its residents. Carruba Sr. is seeking damages in excess of $50,000, plus court costs and any other relief the court deems proper.
Mallard Lake and Wilson filed a countersuit, denying the allegations of negligence and claiming joint and several liability, express indemnity and breach of contract. In their countersuit, the defendants claim the plaintiff's wife, Amiethyst K. Carruba, was included in the lease agreement. Wilson and Mallard Lake claim the agreement included a clause that the defendants will not be held responsible for the lake's use by the community.
Additionally, the lease agreement prohibited "drug-related activities" in the lot, home or common areas of the community and prohibited tenants from activities that would interfere with the safety of other tenants.
Mallard Lake and Wilson claim that, despite signing the lease agreement, law enforcement had determined that marijuana had been consumed on the premises and that Amiethyst Carruba was under the influence of marijuana at the time Carruba Jr. drowned. According to the countersuit, Amiethyst Carruba later pleaded guilty to charges of child endangerment in relation to the child's death.
According to the countersuit, Amiethyst Carruba's misconduct was a breach of the lease agreement and was the proximate cause of Carruba Jr.'s death.
Mallard Lake and Wilson further claim that, under Illinois law, they would only be liable for non-medical damages if a jury determined their fault to be less than 25% of the total fault attributable. Therefore, they request that if the plaintiffs are awarded any damages, they would only be eligible to receive non-medical damages.
In their countersuit, Mallard Lake and Wilson are seeking a judgment to indemnify them of all damages as well as an award for attorney fees from Amiethyst Carruba and any other relief the court deems proper. They are represented in this case by attorney Howard L. Lieber, of Grotefield, Hoffman, LLP in Chicago.
Madison County Circuit Court case number 2023LA000171