Family of boy killed by drunken boater sues marina, lake operator

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The family of a 10-year-old boy who was killed by a speedboat on the Chain O’ Lakes has filed suit over his death.

Tony Borcia of Libertyville died after he was hit by a boat while tubing on Petite Lake last summer.

The boat’s driver, David Hatyina of Bartlett pleaded guilty to aggravated DUI and was sentenced to 10 years in prison.

Authorities say Hatyina also had cocaine in his system when he ran over the boy July 28, 2012.

The lawsuit says Fox Waterway Agency, which operates the lake, and Spring Lake Marina, which that rented the boat and tubing equipment to the Borcia family knew that drunken boating was a problem on the lake but failed to take action or warn the family.

The Borcia family has also sued Hatyina and his girlfriend for damages.

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    • Tired of wa$te

      10 years for taking an innocent life while drunk and high is NOT enough time. Life w/out parole is more like it. Hope your family member never loses a life due to a drunk or drugged up person. I'm sure you'd be singing a different tune! Prayers for this boy's family continue.

  • Hb106

    It's very unfortunate what happened to this little innocent boy. Ive been on this lake for years with my children. I never take them tubing on the weekends because you don't have to be an experienced boater to know the chain is too busy on the weekends as is any lake. However, we do park in safe areas and let the kids swim. It's not a marina who rents you a boats responsibility to warn you of what is going on the entire Chain of Lakes., you as a parent need to be aware of your surroundings of your child. This man made a horrible and unforgivable decision that day that took the life of this poor young child, but he is serving time, it's his fault and his fault only, don't go after everyone else that had nothing to do with it, and that it was out of the marinas control what had happened. It's like trying to sue every murderer out there that has got caught and serving time for shooting a innocent child in Chicago. it happens every single day and it's very sad and unforgivable. You can only hope that Karma is real in this world. My thoughts are with this young boys family. I wish the world worked this way for the sake of closure for you.

  • Hb106

    I never said I agree with the time given to this scumbag, I was simply saying that this is going to be very hard for the family to fight. And going through all of this is just going to make it very hard for them after this tragedy. Especially if they don't win this lawsuit due to what everyone knows about these lakes. I'm completely on this families side and I wish them the best with all of this. I just know the chain and how dangerous it can be, that's all my point was about! And no one warned me when we chose to be on the Chain. We just know our surroundings and choose to make safe decisions for our kids because of it. I wish I could warn people that I see tubing with kids every weekend, but it's impossible :( there was a jet skier killed about 2 yrs ago by an older man with his children on the boat that was not under the influence, just a complete accident. It's a tragedy that people aren't more cautious of eachother. This is our last year on that lake due to all of this, but no one warned us either unfortunately.