Two boaters named in a wrongful-death suit for allegedly fatally injuring a 49-year-old woman who was swimming in Pineview Reservoir last August have responded by blaming the victim.
Esther Fujimoto, a University of Utah lab specialist who often swam at the reservoir, died after a boat propeller tore into her torso and lower abdomen, police have said.
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Three men identified by police as suspects — Cole Boyer, Skyler Shepherd and Colton Raines — are being sued by the victim’s family in 2nd District Court.
This week, the civil attorney for Boyer and Raines answered the allegations by saying the injuries suffered by Fujimoto were the result of her "own negligence which outweighed that of the defendants, if any."
Attorney Greg Skordas wrote that Fujimoto "assumed certain risks when she chose to swim in open water without taking precautions to alert others of her presence."
Skordas also asked Judge Ernie Jones to dismiss the case.
Shepherd’s attorney, Glen Neeley, had earlier filed a separate request for dismissal of the lawsuit, saying there was "no cause of action" regarding his client.
The lawsuit filed by Fujimoto’s sister, Denice Fujimoto, alleges Boyer was operating a powerboat owned by Shepherd in the Spring Creek area of Pineview at 8 p.m. on Aug. 21.
"While the decedent was swimming, the boat being operated by Boyer ran over the decedent," the lawsuit states. The lawsuit claims that Boyer and Raines had smoked marijuana and all three had been drinking.
After the boat hit the woman, the driver and two occupants left her and motored away, according to a witness at the scene.
The witness, who lives close to where Fujimoto was swimming, told police he heard a woman scream and went to the beach to investigate, according to police affidavits. The witness said he saw a boat occupied by three males and a woman floating in the water near the boat.
The lawsuit says the witness heard the defendants yell out, "Hey, lady, are you all right?" The witness said the men did not offer the woman any aid and left the scene, the lawsuit claims.
The witness got into his own boat and went to Fujimoto, who was dead by the time he reached her, the lawsuit says.
A Weber County sheriff’s spokesman said Thursday that the investigation is ongoing. No criminal charges have been filed.
Police affidavits state that another witness, who had arrived at the lake with the three men, told police that about 3:30 p.m., he observed Boyer and Raines smoke marijuana while they were on the reservoir.
Police have obtained blood samples from Boyer and Raines, which were to be tested for evidence of drug use.
Fujimoto’s family is seeking an unspecified amount in damages, including medical, funeral and burial expenses.
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