State settles lawsuit over Iowa State crew club death for $3.5M
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To settle a lawsuit scheduled for trial in May, the Iowa Attorney General’s Office has agreed to pay $3.5 million to the family of one of two Iowa State University students who died three years ago on Little Wall Lake during a crew club accident.
The agreement brings the total paid to settle lawsuits out of the 2021 accident to $5.5 million — including a $2 million settlement in December 2022 with the family of the other student.
According to the latest deal approved Tuesday by the Iowa Board of Appeals, attorneys for Eric and Sarah Ben-David — acting on behalf of their son Yaakov Ben-David’s estate — could get up to 35 percent of the settlement funds. That would amount to $1.2 million of the $3.5 million total.
“The parties acknowledge that this payment is in compromise of a dispute and that such payment is not to be construed as (Iowa State University and other defendants) conceding the reasonableness of any attorneys fees and costs and is not to be construed as an admission of liability or wrongdoing,” according to the settlement, signed May 21, which states ISU and its fellow defendants “expressly deny any such liability or wrongdoing.”
The parties decided to settle the case a week after a Story County judge denied ISU’s request she dismiss the family’s 2022 lawsuit and just hours before the case was supposed to go to trial May 7.
The family’s lawsuit accused ISU, the state and an administrator of wrongful death, reckless conduct and negligence in connection with a fatal campus crew club water practice on March 28, 2021, in Hamilton County.
Yaakov Ben-David, 20, and Derek Nanni, 19, were two of the novice student crew club members who went out on the water that day, despite dangerous weather conditions violating U.S. Rowing’s safety rules and the club’s constitution.
Absent safety training or life jackets, Ben-David and Nanni abandoned the boat that morning when it capsized — despite what training would have advised — and attempted to swim to safety, drowning in the process.
Two other members were rescued, and a fifth made it to shore.
In response, ISU conducted investigations and changed how it operates and oversees student clubs — imposing new rules to reduce its number of “high risk” clubs.
Family members of Nanni also filed a wrongful death claim against the state but agreed to settle in December 2022 for $2 million.
As part of the Ben-David settlement, the family agreed to release the defendants and not pursue any future litigation against them in connection with their son’s death.
But, per settlement documents, ISU still “disputes these claims and contends that the rowing accident was the result of circumstances beyond the university’s control and has asserted various defenses, including discretionary function immunity, lack of duty, and waiver. The parties have agreed to this settlement and release to avoid trial that was set to begin on May 7, 2024. The university does not admit fault or liability.”
Law enforcement resumes the search March 29, 2021, for a missing Iowa State University Crew Club member at Little Wall Lake in Hamilton County. Two of five students aboard a crew club boat drowned March 28. (Kelsey Kremer/Des Moines Register via AP)
A separate settlement going before the State Appeals Board involves a current clinical services specialist at the University of Iowa Hospitals and Clinics.
Shireen Elobaid filed a complaint with the Iowa Civil Rights Commission alleging “discriminatory harassment based on race, color, and national origin by her direct supervisor and retaliation by her supervisor and co-workers.”
Upon receiving Elobaid’s report, UIHC human resources launched an investigation and — after interviewing Elobaid, her supervisor and several witnesses — found the supervisor violated UIHC’s anti-discrimination and anti-harassment policies.
The university took disciplinary action against the supervisor, who also was “reorganized into a nonsupervisory role and no longer works with Ms. Elobaid.”
“Ms. Elobaid remains in her role at UIHC to date,” records show.
In hopes of preventing a lawsuit, UIHC engaged in mediation and agreed to settle for $29,387. Of the settlement, Elobaid will get $17,632 for non-wage damages for emotional distress, and her attorneys will get $11,754.80.
www.thegazette.com
The agreement brings the total paid to settle lawsuits out of the 2021 accident to $5.5 million — including a $2 million settlement in December 2022 with the family of the other student.
According to the latest deal approved Tuesday by the Iowa Board of Appeals, attorneys for Eric and Sarah Ben-David — acting on behalf of their son Yaakov Ben-David’s estate — could get up to 35 percent of the settlement funds. That would amount to $1.2 million of the $3.5 million total.
“The parties acknowledge that this payment is in compromise of a dispute and that such payment is not to be construed as (Iowa State University and other defendants) conceding the reasonableness of any attorneys fees and costs and is not to be construed as an admission of liability or wrongdoing,” according to the settlement, signed May 21, which states ISU and its fellow defendants “expressly deny any such liability or wrongdoing.”
The parties decided to settle the case a week after a Story County judge denied ISU’s request she dismiss the family’s 2022 lawsuit and just hours before the case was supposed to go to trial May 7.
The family’s lawsuit accused ISU, the state and an administrator of wrongful death, reckless conduct and negligence in connection with a fatal campus crew club water practice on March 28, 2021, in Hamilton County.
Yaakov Ben-David, 20, and Derek Nanni, 19, were two of the novice student crew club members who went out on the water that day, despite dangerous weather conditions violating U.S. Rowing’s safety rules and the club’s constitution.
Absent safety training or life jackets, Ben-David and Nanni abandoned the boat that morning when it capsized — despite what training would have advised — and attempted to swim to safety, drowning in the process.
Two other members were rescued, and a fifth made it to shore.
In response, ISU conducted investigations and changed how it operates and oversees student clubs — imposing new rules to reduce its number of “high risk” clubs.
Family members of Nanni also filed a wrongful death claim against the state but agreed to settle in December 2022 for $2 million.
As part of the Ben-David settlement, the family agreed to release the defendants and not pursue any future litigation against them in connection with their son’s death.
But, per settlement documents, ISU still “disputes these claims and contends that the rowing accident was the result of circumstances beyond the university’s control and has asserted various defenses, including discretionary function immunity, lack of duty, and waiver. The parties have agreed to this settlement and release to avoid trial that was set to begin on May 7, 2024. The university does not admit fault or liability.”
UIHC ‘discriminatory harassment’
A separate settlement going before the State Appeals Board involves a current clinical services specialist at the University of Iowa Hospitals and Clinics.
Shireen Elobaid filed a complaint with the Iowa Civil Rights Commission alleging “discriminatory harassment based on race, color, and national origin by her direct supervisor and retaliation by her supervisor and co-workers.”
Upon receiving Elobaid’s report, UIHC human resources launched an investigation and — after interviewing Elobaid, her supervisor and several witnesses — found the supervisor violated UIHC’s anti-discrimination and anti-harassment policies.
The university took disciplinary action against the supervisor, who also was “reorganized into a nonsupervisory role and no longer works with Ms. Elobaid.”
“Ms. Elobaid remains in her role at UIHC to date,” records show.
In hopes of preventing a lawsuit, UIHC engaged in mediation and agreed to settle for $29,387. Of the settlement, Elobaid will get $17,632 for non-wage damages for emotional distress, and her attorneys will get $11,754.80.
State settles lawsuit over Iowa State crew club death for $3.5M
To settle a lawsuit scheduled for trial in May, the Iowa Attorney General’s Office has agreed to pay $3.5 million to the family of one of two Iowa State University students who died three years ago on Little Wall Lake during a crew club accident.
www.thegazette.com
