Family of drowned man sues man who rented him the boat

The family of a Chicago man who drowned last month while fishing in the flooded Fox River is suing the McHenry bait shop that rent him a boat despite the waterway being closed down by state authorities.

The suit, filed in McHenry County Circuit Court, claims negligence by Gill's Bait Shop, also known as McHenry Dam Concession Inc., led to the June 16 death of J.C. Trotter, 76, when his rented fishing boat capsized in the river's swift current.

Filed by Trotter's sister, Annie Pittman of Chicago, the suit seeks at least $50,000 in damages from the shop and its owner, Steve Simpson.

The family's attorney, Cannon D. Lambert, said Wednesday Simpson knew, or should have known, that the Illinois Department of Natural Resources had closed the river the night before the drowning.

"If you're running a business on the river that rents boats, whether the river is open is something you should know, " Lambert said. "That's reasonable and simple diligence."

Simpson, however, denied Wednesday that he was aware the river had been closed before renting the 14-foot fishing boat to Trotter and two friends. He declined further comment on the lawsuit.

Authorities said Trotter and two friends rented the row boat at Gill's, near the Stratton Lock and Dam in McHenry, and were heading toward a small island to fish when the boat capsized, sending all three tumbling into the swollen river.

Witnesses were able to pull Trotter's friends from the water alive, but Trotter slipped out of his life vest after plunging into the water and drowned by the time rescuers reached him.

The suit alleges Trotter received a substandard life preserver and other equipment from the bait shop.

"His life vest wasn't in the same condition (as his friends')," Lambert said. "More importantly, it appears the defendant did not do a whole lot in regards to the maintenance of the equipment he rented."

Lambert gave no indication Wednesday how much Trotter's family hoped to recover from the lawsuit.

"Mostly what they're seeking is to hold the defendant accountable for what happened out there," he said.

According to the lawsuit, Trotter was survived by Pittman, a second sister and a son.

The suit is scheduled to appear in court for the first time Nov. 12 before Judge Maureen McIntyre.