Families of two men killed in boat crash suing estate of late Marlins pitcher Jose Fernandez

Feb. 11--The parents of the two men killed in a boating accident last September along with Miami Marlins pitcher Jose Fernandez are filing negligence and personal injury lawsuits in Miami against the All-Star's estate, each seeking $2 million.

The lawsuits set the stage for a long-term battle over Fernandez's estate, which had more potential value than actual assets at the time of his death.

Fernandez, 24, had cocaine in his system and was legally drunk when he, his friend Eduardo Rivero and acquaintance Emilio Jesus Macias were killed in the wreck off South Beach. Fernandez owned the boat, but investigators have not determined who was driving it at the time of the early-morning crash on Sept. 25, 2016.

The families of Macias, 27, and Rivero, 25, raised more than $40,000 each through GoFundMe.com pages to cover funeral and related expenses. According to news reports, Fernandez had met Rivero through their girlfriends, while Rivero and Macias were lifelong friends -- Macias a banker at Wells Fargo and Rivero a sales rep at Carnival Cruise Lines. Macias met Fernandez only hours before the fatal boat crash.

Attorney Christopher Royer is representing both Rivero's mother and Macia's parents. Rivero's claim was filed Friday. Macias' is to be filed Monday.

"The Rivero and Macias families are deeply scarred by the loss of their sons," Royer said in a news release Friday. "We remain open to a settlement and are hopeful a prompt resolution can be achieved to spare these families, and that of Jose Fernandez too, from any additional suffering."

The attorney representing Fernandez's family, Ralph Fernandez (no relation), said a settlement is "highly unlikely," partly because the lawsuit is being filed while the birth of the pitcher's baby is imminent. Jose Fernandez announced days before his death that his girlfriend was pregnant with his daughter.

The attorney added that the crash investigation by the Florida Fish and Wildlife Conservation Commission has not been completed, but he expects the agency's findings to show that Fernandez was not driving the boat at the time of the crash. He also said Fernandez might not have known he had ingested cocaine.

"There are indications that his cocaine use that night was not voluntary," the attorney said.

Jose Fernandez was born in Cuba and came to the United States in April 2008. He was drafted by the Marlins three years later and made his major league debut in 2013. It didn't take long for his talent to be recognized. He pitched an inning in the 2013 All-Star Game and was named National League Rookie of the Year.

His second season was cut short by a right elbow injury that required surgery. He became a U.S. citizen and was back on the mound in the middle of 2015, securing his place as the anchor of the Marlins' pitching rotation until his death. He was posthumously honored as the Major League Baseball Players Association NL Comeback Player of the Year.

Late last month, Fernandez's mother, Maritza Gomez Fernandez, filed a petition to administer his estate, valued at an estimated $2 million to $3 million. Fernandez was on the cusp of signing a contract that would have paid him $30 million a year. His lifetime earnings were $6.5 million, with his estate in line to receive a $1.05 million accidental death insurance payment and another $450,000 life insurance payment, according to ESPN.

Staff writer Tonya Alanez contributed to this report.

rolmeda@SunSentinel.com, 954-356-4457, Twitter @SSCourts and @rolmeda

Fernandez was not driving boat at time of crash that killed him and two friends, his family's attorney says

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