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Iowa to pay $3.5 million to family of student who drowned in rowing accident

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Iowa authorities agreed to pay $3.5 million on Tuesday as part of a settlement with the family of an Iowa State University student who drowned when a boat belonging to the school’s rowing club capsized in cold, rough waters. The state appeals board has approved the terms of the agreement between Iowa State and the parents of Yaakov Ben-David more than three years after the 20-year-old sophomore died. The family of a second drowned student, 19-year-old freshman Derek Nanni, agreed to a $2 million settlement in August 2021, according to Iowa Department of Management records. The rowers started rowing on March 28, 2021, on Little Wall Lake in Hamilton County, about 15 miles north of the Ames campus. It was Ben-David and Nanni’s first practice on the water after practices on land, according to court records. The wrongful death lawsuit filed by Ben-David’s parents accuses Iowa State of negligence toward the Crew Club, a recognized student organization. They claimed, backed by an independent investigation, that the rowers launched the boat in dangerous conditions, were inadequately dressed and attempted to swim to shore after it capsized because they were not adequately trained, did not follow safety standards or had inadequate supervision.At the time of the accident, the county sheriff said wind speeds were around 20-25 mph and the air temperature was 37 degrees Fahrenheit, meaning the water was cold enough to cause hypothermia within minutes.Three other crew members were rescued and survived.The terms of the settlement state that the Ben-Davids acknowledge that the payment does not constitute an admission of liability or wrongdoing and that the state and university “expressly deny any such liability or wrongdoing,” according to court records.The Ben-Davids agreed not to file another lawsuit related to the accident.» Download the free KCCI app to get updates on the go: Apple | Google PlayGet the latest headlines from KCCI

DES MOINES, Iowa (AP) —

Iowa State authorities agreed Tuesday to pay $3.5 million as part of a settlement with the family of an Iowa State University student who drowned when the school’s rowing club boat capsized in cold, rough water.

The state appeals panel approved the terms of the agreement between Iowa State and the parents of Yaakov Ben-David more than three years after the 20-year-old student’s death.

The family of a second drowned student, 19-year-old freshman Derek Nanni, agreed to a $2 million settlement in August 2021, according to Iowa Department of Management records.

The rowers took to Little Wall Lake in Hamilton County, about 15 miles north of the Ames campus, on March 28, 2021. According to court documents, it was Ben-David and Nanni’s first practice on the water after training on land.

In the wrongful death lawsuit filed by Ben-David’s parents, they claimed 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 under dangerous conditions, were dressed in inadequate clothing and attempted to swim to shore after it capsized because they were inadequately trained, failed to follow safety standards or were not supervised.

At the time of the accident, the wind speed was about 32 to 40 km/h, said the county sheriff. With an air temperature of about 3 degrees Celsius, the water would have been so cold that hypothermia would have occurred within a few minutes.

Three other crew members were rescued and survived.

The terms of the settlement state that the Ben-Davids acknowledge that the payment does not constitute an admission of liability or wrongdoing and that the state and university “expressly deny any such liability or wrongdoing,” according to court records.

The Ben-Davids agreed not to file any further lawsuit related to the accident.

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