A fight is brewing over Jose Fernandez's estate just as the deceased Miami Marlins pitcher's girlfriend is due to give birth to his daughter following a pair of lawsuits claiming wrongful death and negligence for the boating accident that took the life of Fernandez and two companions in September.
According to the complaints, obtained by ESPN.com, both the families of Eduardo Rivero and Emilio Macias are claiming that Fernandez's "negligence" was a "direct and proximate cause" of the death of both men. The complaints allege that Fernandez, who owned the 2016 32-foot SeaVee boat involved in the crash, failed to comply with Florida state statutes "while legally intoxicated and/or under the influence of an illegal substance."
The timing of the lawsuits, which were recently filed in Miami circuit court, is a point of contention considering Fernandez's girlfriend Maria Arias is about to give birth to the couple's daughter, who is expected to be the beneficiary of his estate, which is reportedly worth $2-3 million. The families of the other two men killed in the accident, 25-year-old Rivero and 27-year-old Macias, are each seeking $2 million in damages.
Ralph Fernandez, a family friend and attorney representing Fernandez's mother, spoke out on Monday against the timing of the action.
"I don't want to project an end to this, but it's had a bad start with the lawsuit timing, not necessarily the claim itself, which they are fully entitled to make, but with Maria Arias' imminent childbirth," Fernandez told ESPN.com. "I think it was a sensitivity issue and a poor choice, but everyone represents clients in a different way."
Attorney Christopher Royer, who is representing both the parents of Rivero and Macias, could not be reached for comment, but he released a statement Friday.
"The Rivero and Macias families are deeply scarred by the loss of their sons," Royer said in a news release, according to the Miami Herald. "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."
According to toxicology reports obtained by ESPN.com, Fernandez was above the legal blood alcohol limit and had cocaine in his system. Neither Rivero nor Macias were above the legal blood alcohol limit, though cocaine was found in Rivero's blood.
What is not clear, however, is who was driving the boat the night that the vehicle crashed into the north side of the north jetty of Government Cut, off the shores of Miami Beach, though there is an ongoing investigation into the accident by the Florida Fish and Wildlife Conservation Commission.
Fernandez's attorney, however, said he feels confident it was not his client who was operating the vehicle when it crashed, particularly after reading the autopsy reports of all three men.
According to the autopsy reports, obtained by ESPN.com, all three had contusions and abrasions on their torsos, though Macias also had lacerations of the kidneys, in addition to contusions on the left lung, back and right hip.
"I'm more than comfortable," Ralph Fernandez said of his belief that Jose Fernandez was not driving the boat.
Fernandez said he is deferring to investigators and has handed over all pertinent evidence to aid in the investigation, but pointed out that internal abdominal injuries could be consistent with blunt force impact with the steering wheel of the boat.
"I'm not commenting about the lawsuit," he said. "I'm commenting on the realities of life."
Whether the 24-year-old Fernandez was driving at the time of the accident or not may matter with regards to the merits of the case, as the complaint alleges that Fernandez "owed his passengers a reasonable degree of care given the circumstances and risks of the boating activity being conducted."
Asked whether he thought there was a possibility the case will be resolved via settlement, Fernandez said there has already been an offer of $500,000 each to both the families of Rivero and Macias on behalf of GEICO insurance company, though that tender was rejected.
"The misconception that is out there is that there's no money involved in this, and there was an offer made of $1 million," Fernandez said. "What they seek exceeds, I believe, the value of the [Fernandez] estate. If [a court] consents to what they're asking for, Jose Fernandez's little girl would get nothing, and that's of grave concern."
A lawyer working on the case on behalf of GEICO could not be immediately reached for comment.