Criminal Charges Dismissed but Civil Suit Likely in Boat Crash Death

By Merylee Robbins

Published on September 15, 2005

On August 17th Fleischer was driving a boat in Great South Bay that collided into the Lieneck's 25-foot boat. Brianna, her 13-year-old sister Danyelle, and parents were all aboard the boat when the accident occurred. Both parents sustained severe head injuries and facial trauma that included multiple skull factures and brain damage. In contemplation of a civil suit based upon Mr. Fleischers negligence in the crash, the Lieneck family has hired four lawyers and private investigator specializing in reconstructing boat collisions.

After the collision, authorities investigating the crash suspected Fleischer of boating while intoxicated, as he and his companions smelled of alcohol. Fleischer refused to take a sobriety test, however within four hours police were able to obtain a court order to draw blood to test for substance abuse. When tested, results showed a blood alcohol level of less than .05, which was not enough to sustain the criminal charges.

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Keyword Tags: personal injury, criminal law, dui and dwi, traumatic brain injury, closed head injury, penetrating head injury, wrongful death, negligence

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