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Family of man killed in Smith Lake boating incident files lawsuit against MLF, angler and boat guide
Family of man killed in Smith Lake boating incident files lawsuit against MLF, angler and boat guide

Yahoo

time24-05-2025

  • Yahoo

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 Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Snead and Cullman communities mourning the loss of 2 men killed in Smith Lake boat crash
Snead and Cullman communities mourning the loss of 2 men killed in Smith Lake boat crash

Yahoo

time18-04-2025

  • Sport
  • Yahoo

Snead and Cullman communities mourning the loss of 2 men killed in Smith Lake boat crash

CULLMAN COUNTY, Ala. (WIAT) — A fatal boat crash on Smith Lake claimed three lives Wednesday morning, impacting two central Alabama communities. The crash occurred during a Major League Fishing tournament. According to the Alabama Law Enforcement Agency, 58-year-old Joey Broom was killed when the boat he was on was struck by a nitro bass boat. Broom was a city council member in Snead. 44-year-old Kelly Clark, of Cullman, and 62-year-old Jeffrey Little, of Mississippi, were thrown overboard from the boat that was struck. ALEA said their bodies were recovered near the Miller Flats area of Smith Lake. Major League Fishing confirmed that Flint Davis, one of the tournament's competing anglers, was involved in the crash. A memorial wreath now stands outside the entrance of Snead's town hall, where Broom served as a council member. Greg Ogles, Broom's good friend and fellow council member, believes Broom was out on a guided fishing tour. 'The world just lost a real good, a real good person, and if everybody in the world was like him, we wouldn't have no problems,' Ogles said. All Properties of Alabama realtor Stephanie Buchanan worked with Clark. 'If you talked to a lot of people that knew him, it's like everybody felt like he was their best friend. He was that kind of guy,' Buchanan said. 'He was just a wonderful guy, one of the good ones.' The crash remains under investigation by ALEA's Marine Patrol Division. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

3 dead, 3 injured in boating crash during Alabama fishing tournament
3 dead, 3 injured in boating crash during Alabama fishing tournament

Yahoo

time17-04-2025

  • Yahoo

3 dead, 3 injured in boating crash during Alabama fishing tournament

Three people are dead and three others were injured after a multi-boat crash on an Alabama lake. The accident happened Wednesday morning during a major league fishing tournament. What started as a high-stakes fishing tournament turned into a rescue operation early Wednesday on Smith Lake in Cullman County, Alabama. Cullman County Emergency Management Agency and other first responders rushed to the Miller Bottom area. The Alabama Law Enforcement Agency confirmed that Joey Broom, 58, from Altoona, Alabama was killed when the boat he was riding on was hit. 'He went around that point, and when he went around the corner of that point, the boat was there, and by looking at it, neither one of them saw the other one,' witness Allen Johnson said. 'The boat that he hit was kind of at an angle. His boat went across the, the boater, the driver went across the front of the boat, across the center console, but it went airborne.' [DOWNLOAD: Free WSB-TV News app for alerts as news breaks] Officials with the Major League Fishing Tournament confirmed the accident involved one of their anglers, Flint Davis of Leesburg, Georgia, during day two of the Tackle Warehouse Invitational. The organization released a statement saying they are cooperating with law enforcement and offering thoughts and prayers to all those affected. 'This is one of the top levels of bass fishing, so this didn't happen to inexperienced people-- both drivers of both boats are extremely experienced. One of them has fished thousands of lakes, you know thousands of days. The other is actually a boat captain,' Johnson said. Fishermen like Johnson said accidents like these serve as stark reminders that this could have happened to anyone. 'It gives us a wake up call every time something happens. I've got a 17-year-old that does this for a living, so I am scared every time he goes on the water, and you can preach, preach, preach safety but accidents do happen,' he said. Authorities said the other two people who were killed are a 44-year-old man from Cullman, Alabama, and a 62-year-old Mississippi man. TRENDING STORIES: Couple wants local bagpiper's family to know that everyone did all they could to save his life Popular beach vacation spot can 'no longer be a Spring Break town' Now-retired Clayton County teacher indicted on charges he molested child in his classroom [SIGN UP: WSB-TV Daily Headlines Newsletter]

3 killed in Alabama boat accident during Major League Fishing tournament: 'Heartbreaking'
3 killed in Alabama boat accident during Major League Fishing tournament: 'Heartbreaking'

Yahoo

time17-04-2025

  • Sport
  • Yahoo

3 killed in Alabama boat accident during Major League Fishing tournament: 'Heartbreaking'

A boat crash during a Major League Fishing tournament killed three men and injured multiple others on an Alabama lake on Wednesday morning, state authorities say. Two vessels crashed at around 7 a.m. at Lewis Smith Lake in Cullman County, according to Alabama Law Enforcement Agency. The collision occurred during the second day of the Tackle Warehouse Invitational competition organized by Major League Fishing, or MLF. Advertisement The tragedy unfolded after a bass boat hit a center console vessel. Three men who were on the center console vessel were killed: 58-year-old Joey Broom of Altoona, 44-year-old John Clark of Cullman, and 62-year-old Jeffrey Little of Brandon, Mississippi. The crash threw Cullman and Little overboard and they drowned, officials said, though they didn't specify what happened to Broom. The three men were pronounced dead at the scene. Police have not confirmed the cause of the crash, telling USA TODAY it could not could not share any additional details as the investigation is ongoing. More: 2025 Alabama high school baseball playoffs: See matchups for first round Major League Fishing cancels final day of tournament Major League Fishing canceled the final day of the Tackle Warehouse Invitational following the tragedy. It had been set for Thursday. Advertisement "This is a heartbreaking moment for our entire organization," MLF Executive Vice President Kathy Fennel said in a news release. "Our deepest condolences go out to the families and friends of those affected by this tragedy." MLF said it could not provide further details on the crash and that is cooperating with investigators. The three-day tournament is set in Cullman, Alabama, annually and hosts pro anglers competing for up to $115,000 and to earn a spot for the Tackle Warehouse Invitationals Championship in September. This article originally appeared on USA TODAY: MLF boat accident: 3 men killed at annual Alabama fishing tournament

3 killed in Alabama boat accident during Major League Fishing tournament: 'Heartbreaking'
3 killed in Alabama boat accident during Major League Fishing tournament: 'Heartbreaking'

USA Today

time17-04-2025

  • Sport
  • USA Today

3 killed in Alabama boat accident during Major League Fishing tournament: 'Heartbreaking'

3 killed in Alabama boat accident during Major League Fishing tournament: 'Heartbreaking' A boat crash during a Major League Fishing tournament killed three men and injured multiple others on an Alabama lake on Wednesday morning, state authorities say. Two vessels crashed at around 7 a.m. at Lewis Smith Lake in Cullman County, according to Alabama Law Enforcement Agency. The collision occurred during the second day of the Tackle Warehouse Invitational competition organized by Major League Fishing, or MLF. The tragedy unfolded after a bass boat hit a center console vessel. Three men who were on the center console vessel were killed: 58-year-old Joey Broom of Altoona, 44-year-old John Clark of Cullman, and 62-year-old Jeffrey Little of Brandon, Mississippi. The crash threw Cullman and Little overboard and they drowned, officials said, though they didn't specify what happened to Broom. The three men were pronounced dead at the scene. Police have not confirmed the cause of the crash, telling USA TODAY it could not could not share any additional details as the investigation is ongoing. Major League Fishing cancels final day of tournament Major League Fishing canceled the final day of the Tackle Warehouse Invitational following the tragedy. It had been set for Thursday. "This is a heartbreaking moment for our entire organization," MLF Executive Vice President Kathy Fennel said in a news release. "Our deepest condolences go out to the families and friends of those affected by this tragedy." MLF said it could not provide further details on the crash and that is cooperating with investigators. The three-day tournament is set in Cullman, Alabama annually and hosts pro anglers competing for up to $115,000 and to earn a spot for the Tackle Warehouse Invitationals Championship in September.

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