24-05-2025
Family of man killed in Smith Lake boating incident files lawsuit against MLF, angler and boat guide
CULLMAN COUNTY, Ala. (WHNT) — The family of one of the men killed in a deadly Smith Lake boating incident in April is suing the bass boat driver, Major League Fishing and the driver of the striper service boat.
On Friday, the family of Joey Broom filed a lawsuit against Major League Fishing, LLC, Flint Davis and Gary Holcombe. Davis is the angler whose boat was involved in the deadly boating incident and Holcombe was operating the Smith Lake Striper Guide Service boat that was also involved.
The lawsuit additionally names 13 'fictitious defendants.'
On April 16, Broom was one of three killed in a deadly boating incident on Smith Lake during a Major League Fishing tournament. WHNT's sister station WIAT, said officials with Cullman County EMA said the crash happened around 7:07 a.m. in the area of Burr's Island outside of Miller Bottom and involved multiple boats.
Major League Fishing confirmed that a 'serious boating accident' happened on the lake during the second day of the Tackle Warehouse Invitational. The incident involved one of the competing anglers, Davis of Leesburg, Georgia.
ALEA said Davis was the operator of the Nitro Bass Boat that hit the Center Console boat, driven by Holcombe. As a result, 44-year-old John K. Clark, of Cullman, and 62-year-old Jeffrey C. Little, of Brandon, Mississippi, were thrown overboard from the Center Console and drowned. Their bodies were recovered near the Miller Flats area of Smith Lake. Luke H. Morgan & Holcombe were injured in the incident and were both taken to UAB Hospital for treatment.
ALEA said the two-boat crash also killed 58-year-old Broom, saying he was hit by the bass boat itself and was pronounced dead on the scene.
Davis was the only one onboard the Nitro Bass Boat during the crash, while Holcombe, Morgan, Broom, Clark and Little were all on the Center Console.
In the lawsuit, the family of Broom says MLF had a duty to exercise reasonable care in the operation and management of its tournament to prevent harm to third parties, including nonparticipating fishermen on Lewis Smith Lake.
Because of this competition that operated in the foggy conditions on April 16, the lawsuit says MLF created a 'foreseeable risk of serious injury or death.' It also says the company failed to implement basic safety measures, including speed limits, launch delays or traffic separation protocols.
The lawsuit lists 7 counts against the defendants:
Count 1- Negligence and Wanton (deliberate and unprovoked) Conduct against Flint Davis
Count 2- Negligent Event Management against MLF
Count 3- Vicarious Liability against MLF
Count 4- Joint Venture against MLF
Count 5- Negligent Hiring, Training and Supervision against MLF
Count 6- Negligence and Wanton (deliberate and unprovoked) Misconduct against Gary Holcombe
Count 7- Wrongful Death against all defendants
This charge comes from the family against Davis, saying he breached his duty to operate his boat in a 'safe and prudent manner' while on Smith Lake. As a direct result of this alleged negligence, Broom was killed. It also says Davis acted with 'conscious disregard for the safety of others and in a manner that was wanton under Alabama Law.
This charge is against the MLF, saying the organization had a duty to manage the tournament in a manner that ensured the safety of not only participants but also the public that was also present on the lake that day.
'MLF breached that duty by, inter alia, failing to provide clear directional zones, vessel spacing requirements, safety warnings, and by not implementing appropriate launch sequencing or enforcing speed regulations near other boaters,' the lawsuit says. Due to MLF's 'breach of duty,' the lawsuit says this resulted in the collision that then killed Broom.
This count says that MLF is 'vicariously liable' for the negligent and wanton acts committed by Davis during the tournament, as he acted within his field of participation in the MLF tournament.
Count 4 also comes against MLF, saying that MLF and Davis were engaged in a joint venture to carry out a 'common commercial purpose: Participation in and promotion of the MLF tournament for shared financial benefit.'
The document says MLF had a level of control over Davis's actions and derived benefit from his participation, satisfying the elements of joint venture. The lawsuit says Davis's actions occurred within the scope of this joint venture, and MLF is therefore jointly and severally liable for the damages arising from those actions
Against MLF, this count says the organization failed to adequately screen Davis' 'boating competency, experience, or disciplinary history, and by failing to train or instruct him on safety protocols and tournament navigation procedures.'
It also claims MLF failed to supervise Davis during the course of the tournament to prevent harm to others, resulting in the death of Broom.
This count goes against Holcombe, the driver of the Center Console boat. The lawsuit says Holcombe had a duty to operate the boat with reasonable care that did not 'endanger others.'
The lawsuit says Holcombe 'breached his duty by operating or allowing the operation of a vessel in a negligent and/or wanton manner, including but not limited to, unsafe speeds, failure to maintain proper lookout, or creating navigational hazards that contributed to the fatal collision, and the negligence and/or wanton misconduct combined and concurred with the negligence and/or wanton misconduct of other defendants to cause the death.'
The document says that for this, Holcombe's actions demonstrated a conscious 'disregard' for the safety of others, including Broom.
Against all the defendants, the family of Broom says it 'demands judgment against the Defendants, jointly and severally, including fictitious party Defendants, and requests that the jury selected to hear this case render a verdict for the Plaintiff and against each Defendant in a sum inexcess of the jurisdictional limits of this Court, in an amount which is adequate to reflect the enormity of the Defendants' wrongful acts and which will deter and/or prevent other similar or wrongful acts, together with interest from the date of the incident, attorneys' fees, and the costs of the proceeding.'
The lawsuit also names 13 fictitious defendants, which claims that the negligence of all the defendants, combined and concurred, caused Broom's death.
Fictitious Defendants No. 1: Singular or plural, that entity or those entities that afforded any insurance coverage to the owner or the driver of the boat(s) or the tournament fishing series involved in this matter.
Fictitious Defendants No. 2: Singular or plural, that entity or those entities on whose behalf any of the vehicle(s) involved in the collision made the basis of this lawsuit were being operated at the time of said occurrence.
Fictitious Defendants No. 3: Singular or plural, the driver of the boat which struck the Plaintiff's decedent on the occasion made the basis of this suit.
Fictitious Defendants No. 4: Singular or plural, that entity or those entities who or which provided maintenance and upkeep on the boat(s) involved in the occurrence, made the basis of this lawsuit.
Fictitious Defendants No. 5: Singular or plural, that entity or those entities who or which did any maintenance, upkeep, and/or repair work on the boat(s) involved in the occurrence made the basis of this complaint.
Fictitious Defendants No. 6: Singular or plural, that entity or those entities who or which were the master or principal of the driver of the boat(s) involved in the occurrence made the basis of this lawsuit.
Fictitious Defendants No. 7: Singular or plural, that entity or those entities for whom the driver of the boat(s) which struck the Plaintiff's decedent was performing some type of service or employment duty at the time of this collision.
Fictitious Defendants No. 8: Singular or plural, that entity or those entities who or which negligently entrusted the boat(s) involved in the occurrence, made the basis of this lawsuit to the driver thereof at the time of said occurrence.
Fictitious Defendants No. 9: Singular or plural, that entity or those entities who or which issued any policy of insurance which provided coverage for the Plaintiff's decedent on the occasion made the basis of this lawsuit.
Fictitious Defendants No. 10: Singular or plural, that entity or those entities, other than those entities described above, whose breach of contract or warranty contributed to causing the occurrence made the basis of this lawsuit.
Fictitious Defendants No. 11: Singular or plural, that entity or those entities other than those entities described above, which is the successor in interest of any of those entities described above.
Fictitious Defendants No. 12: Singular or plural, that entity or those entities other than those entities described above, which was the predecessor corporation of any of the entities described above.
Fictitious Defendants No. 13: Singular or plural, that entity or those entities other than those entities described above, which organized, operated, sanctioned and/or produced the fishing tournament conducted on the day of the decedent's death.
You can read the full lawsuit filed below.
lawsuit-of-Broom-against-MLF-Davis-HolcombeDownload
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