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Lawsuit filed over Lake Milton boat accident

Local man sues Akron residents

YOUNGSTOWN — A Lake Milton man has sued an Akron woman and man alleging that on July 2, 2019, the woman failed to operate a personal watercraft on Lake Milton in a safe and reasonable manner, crashing into his personal watercraft.

Francis D. Martauz of Roselawn Street filed the suit in Mahoning County Common Pleas Court. It names as defendants Pamela M. and Karl L. Fickey of Akron and Allstate Insurance Co.

The suit alleges that Martauz suffered permanent personal injuries, was required to seek medical care, suffered great pain of mind and body, incurred financial obligations, economic loss, property damage, lost wages and other injury, damage and loss.

The suit alleges that Karl Fickey owned the watercraft on which Pamela Fickey was riding at the time of the crash.

Karl Fickey knew or should have known that Pamela Fickey was an inexperienced and / or unsafe boater and negligently entrusted her with the use of the watercraft, the suit alleges. Alternatively, Pamela Fickey was acting as an agent and / or employee of Karl Fickey at the the time, the suit alleges.

Attempts to contact Pamela or Karl Fickey to comment were unsuccessful.

The accident happened near Carson’s Landing on Ellsworth Road and involved Martauz and Pamela Fickey, both 58, the lawsuit said. Both were on peresonal watercraft, and Martauz was taken to St. Elizabeth Youngstown Hospital for treatment, reported 21-WFMJ-TV. The Ohio Department of Natural Resources investigated.

The suit states that Martauz was covered under a boatowners policy issued by Allstate Insurance that includes an uninsured / underinsured provision whereby Martauz is entitled to recover damages for bodily injury resulting from the acts of an uninsured / underinsured owner or opoerator of a watercraft.

Pamela Fickey was an underinsured boater and “may be found to be uninsured,” the suit states.

Martauz seeks arbitration of his uninsured / underinsured watercraft claim with Allstate.

The suit also seeks a judgment of at least $25,000, along with costs, against Pamela and Karl Fickey. It also seeks a declaration of Allstate’s obligations under Martauz’s policy, as well as a judgment “significantly in excess of $25,000” and costs against Allstate.

The suit was filed by attorney Justin Markota of Canfield. The case is assigned to Judge R. Scott Krichbaum.

erunyan@tribtoday.com

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