An appellate court has upheld the $3.2 million judgment awarded to an Omaha man who suffered severe brain damage after going overboard during an October 2003 boating accident in the Cayman Islands.
But no one came out a winner in this case.
Not Leland Graske — the Valley man who was held partially liable for the accident.
Not Anne Doyle, the Omaha woman who now serves the dual role of being her husband’s companion and caretaker.
And certainly not Daniel Doyle, whose life was forever altered.
Daniel Doyle, then 49, was thrown off Graske’s 70-horsepower, 14-foot-long inflatable boat after the boat veered suddenly as Graske powered it up to speed in the Caribbean Sea.
The boat circled, hit Doyle on the head and fractured 11 ribs on his right side.
He didn’t suffer his brain injury until days later, however, when the broken ribs and resulting caved-in chest cut off oxygen to his brain.
Now 55, Doyle, a former mechanical engineer, never will be able to work again, said Joe Muller, who teamed with Ronald J. Palagi to represent the Doyles.
The Doyles hold no animosity toward Graske — a longtime friend of the couple, Muller said.
When they were all students at Benson High School, Muller said, Graske introduced Dan and Anne to each other. The couple were guests at Graske and his wife’s island vacation home — and Graske, Doyle and another man were going fishing that morning.
“It was a very strange trial,” Muller said. “Both sides couldn’t say enough nice things about each other. But obviously, this kind of litigation puts a strain on even the best of friendships.”
Graske’s attorney, Tom Grennan, declined to comment. Both Muller and court records indicate that Graske is seeking damages against a mechanic who did work on the steering wheel of the boat in the days before the accident. The boat’s sudden veer came after a nut and bolt in the steering linkage came loose.
U.S. District Judge Joseph Bataillon ruled that it was Graske’s responsibility to maintain the boat and to ensure the safety of his passengers. He attributed 90 percent of the fault to Graske as the boat’s captain and 10 percent to Doyle for sitting in a position on the boat where he risked going overboard. That, in turn, reduced Doyle’s award by 10 percent.
Much of Bataillon’s award is devoted to Doyle’s medical bills, his lost income and the extensive care he now needs.
The night before the accident, Muller said, Anne Doyle lay in bed and thought: “How can life get any better than this?” The couple were about to leave their Cayman Island vacation to return to Omaha for the birth of one of their grandchildren.
Since then, Muller said, the Doyles have seen more tribulation than any couple should. Bataillon commended Anne Doyle for her steadfast care of her husband — and awarded her $750,000 for loss of his comfort and companionship. However, the U.S. 8th Circuit Court of Appeals reversed that judgment — saying maritime laws don’t allow loved ones to collect such damages. Muller said he most likely will ask the U.S. Supreme Court to review that issue.
The Doyles “were and are very much in love,” Muller said. “It has become a situation where she has to take care of him and be the provider in terms of emotional strength in the household.
“Dan has a significant brain injury. He is coherent and aware of what’s going on around him, but he’ll never be the same again.”
Contact the writer:
444-1275, todd.cooper@owh.com
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