Iowa State University has agreed to pay $3.5 million to the family of a student-athlete who drowned nearly three years ago while practicing with his rowing team.
According to the Insurance Journal, the State Appeals Board approved the terms of the agreement between the school and the parents of the then 20-year-old Yaakov Ben-David.
The family of a second student who drowned, 19-year-old freshman Derek Nanni, agreed to a $2 million settlement in August 2021, the Iowa Department of Management’s records show.
The agreement was the result of a wrongful death lawsuit filed by Ben-David's parents, which alleged that Iowa State's Crew Club was negligent. The lawsuit claimed that the rowers launched the boat in dangerous conditions, dressed in insufficient apparel, and attempted to swim to shore after the boat capsized.
At the time of the accident, the county sheriff said wind speeds were around 20-25 mph (32-40 kph), and the air temperatures around 37 degrees Fahrenheit, meaning the water would have been cold enough for hypothermia to set in within minutes.
The terms of the settlement stipulate that the Ben-Davids acknowledge the payment is not an admission of liability or wrongdoing and that the state and university “expressly deny any such liability or wrongdoing,” according to court filings.
The Ben-Davids agreed not to bring another lawsuit related to the accident.
