DES MOINES, Iowa — Iowa officials agreed Tuesday to pay $3.5 million in a settlement agreement with the family of an Iowa State University student who drowned after a school crew club boat capsized in cold, cold waters. turbulent.
The State Board of Appeals approved the terms of the settlement between Iowa State and Yaakov Ben-David's parents more than three years after the 20-year-old sophomore's death.
The family of a second student who drowned, 19-year-old freshman Derek Nanni, agreed to a $2 million settlement in August 2021, Iowa Department of Administration records show.
The paddlers set out on March 28, 2021, at Little Wall Lake in Hamilton County, Iowa, about 15 miles north of the Ames campus. It was Ben-David and Nanni's first practice in the water after land practices, according to court documents.
The wrongful death lawsuit filed by Ben-David's parents alleged that Iowa State was negligent toward the Crew Club, a recognized student organization. They claimed, supported by an independent investigation, that the rowers launched the boat in dangerous conditions, were not wearing enough clothing and attempted to swim to shore after it capsized due to inadequate training, safety standards or supervision.
At the time of the accident, the county sheriff said wind speeds were between 20 and 25 mph, and the air temperature was around 37 degrees Fahrenheit, which meant the water would have been cold enough for Hypothermia would occur within minutes.
Three other crew members were rescued and survived.
The terms of the agreement stipulate that the Ben-Davids acknowledge that the payment is not an admission of liability or wrongdoing and that the state and the university “expressly deny any liability or wrongdoing,” according to court documents.
The Ben-Davids agreed not to file another lawsuit related to the accident.
