7 more victims injured in Swan Boat Club crash sue driver, club

Seven other victims of the Swan Boat Club crash in Monroe County that left two children dead and nearly a dozen others injured have filed a civil lawsuit against the driver who crashed into the building, the boat club and the tavern where the driver was allegedly drinking at before the crash.

Denise Roberts, Martin Roberts, Patricia Raths, Alyssa Sigler, Lia Stith, Josh Stith and Kathy Stigler are the new additions in the lawsuit, an amended version of which was filed Monday in Monroe County Circuit Court. Mariah Dodds and her 11-year-old son filed a lawsuit April 22, two days after the fatal crash. Dodds' two children, 4-year-old Zayn Phillips and 8-year-old Alanah Phillips, were killed in the crash.

Raths, Alyssa Sigler, Lisa Sith, Josh Stith, Lia Stith and Kathy Sigler were seriously injured in the crash, according to the lawsuit.

The lawsuit names Marshella Chidester as a defendant. Chidester, 66, is accused of driving under the influence on April 20 and crashing her car into the Swan Boat Club in Monroe County during a children's birthday party.

Prosecutors said she drove through the side of the building and the vehicle flew 25 feet inside; her attorney contends Chidester may have had a seizure or a type of neuropathy that affected her.

Chidester, who served as commodore of the Swan Boat Club in 2017 and lives 200 yards from the club, has been charged with two counts of second-degree murder, two counts of operating under the influence of alcohol causing death and four counts of operating under the influence of alcohol causing serious injury. She faces up to life in prison if she's convicted.

More:Monroe Co. woman charged with murder in boat club crash that 'took those babies from us'

According to the civil lawsuit, one of the victims, Denise Roberts was standing with her back to the wall that Chidester's car came through. She heard a loud boom, which sounded like a bomb going off. The next thing she remembers was her husband, Martin Roberts, finding her and sitting her up on the floor. She suffered a traumatic brain injury and has back pain.

The lawsuit also contends Swan Boat Club "negligently constructed and maintained its building where the crash occurred," and constructed the building "in the roadway" without installing a guard rail, cement pole or other safety devices meant to keep a vehicle from crashing through the building.

The club also was in violation of building codes, had an unsafe parking lot and driveway and failed to inspect the area for hazards, dangers and improper conditions, according to the lawsuit.

The boat club did not answer the phone Tuesday, but has been posting on Facebook frequently about fundraisers to benefit the victims from the crash.

"We have no profound words that can heal us after the unimaginable tragedy that occurred yesterday April 20, 2024, at Swan Boat Club, only feelings," the club's board of directors wrote in a Facebook post on April 21. "Sadness, shock, frustration. We are a fellowship of people who band together when tragedy strikes. We need time to process the grief, support each other, support the families directly and indirectly involved, to be in each other’s company."

The lawsuit also names Verna's Tavern, which is the bar that allegedly served Chidester prior to the crash. Bar officials have not responded to requests for comment. 

Chidester's attorney, Bill Colovos, said last week that a search warrant of Verna's Tavern found Chidester only had one glass of wine and a bowl of chili for lunch from 11 a.m. to noon Saturday. He said police were too quick to blame the bar and name them to the media when they "didn't do anything wrong."

Colovos said Chidester has a history of having epileptic-type seizures in her legs that result in paralysis, but later said she had a type of neuropathy. She was treated for it the day of the crash, he said. He said Chidester does not remember entering the parking lot of the boat club or anything that happened leading up to the crash. He said she was invited to the birthday party by the person hosting it.

Monroe County Prosecutor Jeffrey Yorkey, meanwhile, has said there was no evidence Chidester had a seizure the day of the crash, as Colovos claimed. A “very long investigation,” including a breath test, indicated she was significantly over the legal limit, Yorkey said, but didn't specify the exact result.

Yorkey said friends and family told investigators Chidester has a “very severe substance abuse issue.”

The lawsuit also names Auto-Owners Insurance Company, who represents Denise Roberts; Progressive Marathon Insurance Company, which represents Lia Stith and Raths; and Allstate Insurance Company, which represents Alyssa Sigler and Josh Stith. It alleges the insurance companies either refused to pay or are expected to refuse to pay the plaintiffs injured in the crash all the benefits she should get for being uninsured or underinsured.

Chidester posted $1.5 million bail Thursday and has been released from the Monroe County Jail.

Raquel Smouthers, Lana and Zayn's aunt, said during Chidester's arraignment April 23 that even if Chidester was on medication or had medical issues, she should not have been driving.

“Nobody should ever have to go to a birthday party thinking they’re going to die,” Smouthers said.

kberg@detroitnews.com