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The plaintiffs further allege that Kevin O’Leary knew or should have known that Linda O’Leary was “incapable of operating the power boat with due care and attention” yet let her drive.

“He negligently entrusted his power boat to the defendant, Linda O’Leary, when he knew, or ought to have known, that she was an inexperienced and unsafe driver,” the claim states.

The plaintiffs also assert that Linda O’Leary, who broke her foot in the crash, failed to heed the horn of the Ruh boat.

“She suddenly and without warning drove the O’Leary power boat directly into the path of the Ruh power boat,” the claim states.

Photo by Kevin O'Leary/YouTube/Sony

Patrick Brown of law firm McLeish Orlando LLP is representing the claimants as they seek punitive, exemplary and aggravated damages for wrongful death.

“For this grieving family, it is about obtaining civil justice so as to prevent these types of deaths and curtailing reckless and dangerous behaviour from continuing on our lakes,” Brown said in a news release, speaking on behalf of the family.

“Our family has lost a beautiful, loving person. We are devastated. We sincerely hope that through this process, that justice is served and that steps are taken so that innocent victims like Suzie, are not seriously injured and killed and that other families do not have to go through such pain and loss,” the statement quoted Rosa Ragone as saying.

Linda O’Leary’s case is next set to be heard on Nov. 21.

Prosecutors, in releasing their initial charges, had first said O’Leary faced a maximum penalty of 18 months imprisonment and a $1 million fine.

That interpretation of the Shipping Act was challenged by Greenspan, O’Leary’s lawyer, and prosecutors later amended their view to say O’Leary faces a maximum $10,000 fine and no jail time.

The O’Learys have been spending summers on Lake Joseph for at least 15 years. Their 14-acre, lavish home has received press attention at regular intervals, including from The New York Times. They bought the property in 1994, before building a 9,000 square-foot, 10-bedroom, 11-bathroom cottage on the property a decade later.

— with files from Richard Warnica and Meagan Campbell, National Post