A family announced they will be filing a lawsuit against a former company exec charged with speeding and being drunk when he crashed into another boat, killing a U.S. Marine veteran on the Fox River near McHenry.
GWC Injury Lawyers announced Monday that it will file a wrongful death lawsuit on behalf of the estate of Magdalena Jablonska, 48, of Des Plaines, who was “tragically” killed on July 25 in a boating crash that left her fiancé, Des Plaines resident Alen Telmini, injured.
The lawsuit will seek to “hold all responsible parties accountable” following the crash where the couple was enjoying an afternoon on the Fox River near McHenry aboard Telmini’s 20-foot Crownline runabout when a high-powered tri-toon boat, allegedly operated by Richard Stevenson, 45, of Lisle, struck and rode over their vessel.
Telmini was operating his boat in the no-wake zone at a very slow speed, with Magdalena sitting to his left with their dog, Sasha, on her lap, attorneys say.
The speeding boat “violently” struck the rear of the Crownline and “completely flew over” the top of it, the family’s attorneys say.
One or more of the powerful outboard stern drives or propellers struck Jablonska in the head and neck, causing fatal injuries.
Investigators say the tri-toon may have been traveling at or near 80 miles per hour at the time of the collision.
Boaters and residents observed the same offending boat speeding excessively on the Chain O’ Lakes on numerous prior occasions, attorneys say.
The lawsuit, which is expected to be filed this week, follows an ongoing investigation into the circumstances surrounding the collision and the “potential liability of additional individuals and entities” beyond the boat’s operator.
Attorneys Louis C. Cairo and Michael D. Krause say their law firm’s investigation “extends well beyond” the actions of the operator.
“The civil justice system exists to hold negligent parties accountable, and we intend to pursue every avenue available under Illinois law. Our mission is to uncover every fact and identify every party whose conduct may have contributed to this tragedy,” Cairo said.
GWC said they will retain boating safety specialists, accident reconstruction experts and marine engineering consultants to evaluate the circumstances surrounding the collision.
“Because litigation is in its earliest stages, many of these issues remain under investigation and will be evaluated through discovery and expert analysis,” the firm said.
“The immediate purpose of our investigation is to create an exact timeline of all of the activities of the participants of this fatality so that we can determine every detail preceding the actual collision. By doing so we can ensure that every available piece of evidence will be identified and preserved,” Krause said.
A criminal complaint filed in McHenry County Circuit Court said that Stevenson was operating the 31-foot black and orange 2026 South Bay boat on the river when his vessel overtook the white and green 1997 Crownline in the area of the 1800 block of South Fernwood Lane in unincorporated McHenry.
A witness told investigators that Stevenson’s boat was traveling at “full throttle” as it entered the no-wake zone and crashed into the other boat, the complaint said.
Bystanders said the two boats were both traveling north on the river when the bigger boat was speeding and ran over the smaller boat in a no-wake zone.
Jablonska was pronounced dead at the scene by paramedics, according to McHenry County Coroner Dr. Michael Rein.
The complaint said the impact resulted in Jablonska being decapitated and prosecutors said that first responders had not immediately located all of her remains following the crash.
The Nunda Rural Fire Protection District and McHenry County Sheriff’s Office responded around 8:45 p.m. Wednesday, days after the crash, to the 2100 block of Colby Drive in unincorporated McHenry after someone found a partial human head.
Rein said his office has not been able to positively identify the remains that were found yet.
“We understand how difficult this uncertainty is for the families and loved ones awaiting answers, and our team is working diligently and with the utmost care to establish a positive identification as quickly as possible. We appreciate the public’s patience and understanding as this process continues,” Rein said.
One neighbor told Lake and McHenry County Scanner at the scene on Colby Drive that they would be relieved if the remains were found because it would help with closure.
The complaint said a toxicology report showed Stevenson’s blood alcohol content was 0.236, which is almost three times the legal drinking limit. Prosecutors said in court his blood alcohol content was 0.200.
Prosecutors said that Stevenson was driving the boat at approximately 80 mph and had been drinking Fireball Whisky.
The victim’s brother, Marcin Jablonski, said that Magdalena was “always the sunshine wherever she went.”
“As a U.S. Marine, it was natural that Magdalena was always helping someone in need,” Jablonski said.
Stevenson was charged with one count of reckless homicide, a Class 3 felony, and two counts of aggravated driving under the influence causing a crash involving death, a Class 2 felony.
A LinkedIn profile for Stevenson said he was a Vice President at Stevenson Crane Service, Inc., based in Bolingbrook, and the company says it has since terminated his employment.
Two of the three occupants of the offending boat fled the area, prosecutors said. A bystander chased after Stevenson and ensured he remained at the scene until police arrived.
Multiple witnesses reported to officers that Stevenson had been consuming alcohol throughout the day while operating the vessel and was driving at high rates of speed on both the Chain O’ Lakes and the Fox River just prior to crashing into the Crownline, prosecutors said.
Stevenson remains held in the McHenry County Jail after the McHenry County State’s Attorney’s Office filed a petition to detain him pending trial, which was granted by McHenry County Judge Cynthia Lamb during an Initial Appearance Court hearing last week.
“This man was a ticking time-bomb and that bomb went off this past Saturday on the Fox River,” McHenry County State’s Attorney’s Office Deputy Chief Brian Miller said during the hearing.
GWC Injury Lawyers say that Jablonska immigrated from Poland and attended Lane Tech High School before obtaining her bachelor’s degree in interior design from Illinois Institute of Art.
Madzia, as she was known by her family, then joined the U.S. Marine Corp.
She served for six years and was honorably discharged.
Jablonska was later employed with ServePro and was working as a Lead Project Accountant where she had many friends and co-workers. “She was the perfect example of one who lived the American Dream.”
Illinois Conservation Police said last week that they are seeking the public’s help in determining what happened prior to the crash.
Anyone who witnessed the events leading up to the crash or have useful surveillance video should complete an online incident report form.
Magdalena’s family says they hope the tragedy will lead to meaningful improvements in boating safety throughout Illinois.
They are calling for increased enforcement of boating safety laws, stricter speed restrictions in congested waterways, enhanced penalties for operating boats while impaired, additional resources for law enforcement patrolling recreational waterways and stronger regulations governing high-performance recreational vessels.
No funeral services have been announced yet for Jablonska.