'This was a dangerous setup': Swan Boat Club added as defendant in lawsuit filed by victims of birthday party crash

(WWJ) — We're learning more details about the civil lawsuit filed by the victims of the Monroe County's Swan Boat Club crash that killed two children and injured several others who were attending a birthday party.

During a press conference held via Zoom on Wednesday afternoon, attorney Jon Marko announced details of the lawsuit, which was initially filed two days after the April 20 crash.

Originally, Mariah Dodds — the mother of the victims, 8-year-old Alanah Phillips and 4-year-old Zayn — was listed as the plaintiff. Marko on Wednesday announced that several other survivors of the tragedy have been added to the lawsuit.

Marshella Chidester, 66, was arraigned last week on multiple charges, including second-degree murder. Chidester is accused of driving drunk at the time she plowed through the wall of Swan Boat Club in Newport, where a children’s birthday party was being held.

Chidester is listed as one of six defendants named in the lawsuit, along with Verna’s Tavern — where she had allegedly been drinking prior to the crash — and Swan Boat Club, as well as three insurance companies.

Marko said Wednesday the boat club has been added to the lawsuit because of its proximity to the road.

“This was a dangerous setup out at the Swan Boat Club, given the proximity to the road. I don’t care if it’s a dirt road or a cement road or a super highway, there’s cars and there’s people traveling back there,” Marko said. “If you’re gonna put a building directly in proximity to a road like that, there has to be some type of protection or basic construction.”

He argued the owners of the boat club had “a legal duty” to keep their property safe.

The lawsuit also claims Verna’s Tavern “sold alcohol or liquor to Defendant Chidester while she was visibly intoxicated,” violating Michigan’s Dram Shop Law and allowing Chidester to keep drinking in public, ultimately leading to the crash.

Chidester’s attorneys have argued that she was not drunk, but rather a medical condition caused her to lose control of the SUV. She is currently out on bond. After a brief court hearing earlier this week, her preliminary hearing was scheduled for late June.