Trial canceled in Iowa State crew club drowning; settlement pending

AMES — A week after a Story County judge denied Iowa State University’s request she dismiss a lawsuit from the family of a student who died three years ago in a crew club accident, the parties have agreed to settle the case — negating the need for a trial.

Details of the settlement, including how much will be paid out, were not immediately made public.

But news of its existence came Tuesday, the same day a trial was supposed to start in the lawsuit accusing ISU, the State of Iowa, and an administrator of wrongful death, reckless conduct, and negligence.

“Trial is canceled,” according to a court update on the virtual docket, indicating both sides should let the court know when the State Appeals Board has accepted or rejected the proposed settlement.

The agreement — should it get approved — could wrap the lengthy fallout from two ISU student drownings on March 28, 2021 at Little Wall Lake in Hamilton County.

Yaakov Ben-David, 20, and Derek Nanni, 19, were two of the novice student crew club members who went out for a water practice that day in dangerous conditions — with weather violating U.S. Rowing’s safety rules and the club’s constitution.

Without safety training or life jackets, when the boat capsized that morning, Ben-David and Nanni decided to abandon the vessel — despite what training would have taught them — and tried to swim to shore, drowning in the process.

Two other members were rescued from the water and a fifth made it to shore.

The tragedy compelled internal and external investigations and changes to the way Iowa State operates and oversees its clubs — including imposing new rules to reduce its number of “high risk” clubs.

Family members of Nanni also filed a wrongful death claim against the state but settled in December 2022 for $2 million. Ben-David’s case was the remaining piece of litigation in the backlash to the campus community deaths.

Vanessa Miller covers higher education for The Gazette.

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