$1 million lawsuit against Lake Travis Boat Rental Company, others after man dies

AUSTIN (KXAN) — A New Jersey man’s wife is suing Lakeway Marina on Lake Travis, and others, after he was hit in the head and killed by an out-of-control jet ski, a lawsuit says.

The lawsuit was recently filed in Travis County, but it incident it details happened in August 2023.

According to the lawsuit, a boy, who was 14 at the time, was operating the jet ski and jumping wakes on the lake when he lost control. The jet ski flew over the back of the boat, hit Robert Montalbano in the head and landed on the boat, the lawsuit details.

Montalbano was in Austin attending a real estate agent training conference with his agency in August 2023, according to documents.

The lawsuit alleges Lakeway Marina didn’t provide required boater education safety training to the group Montalbano was with, prior to renting out a pontoon boat and jet ski. The lawsuit also alleges the boat was over capacity.

Montalbano’s wife is suing his real estate agency, team leader, the boy who was operating the jet ski and his mother. KXAN has reached out to the attorneys listed in the lawsuit for all parties involved and has not yet heard back.

Carter Faubus has worked for a separate boat rental company, Luxury Boat Rentals, for decades. Though he nor Luxury Boat Rentals are connected to the lawsuit, Faubus remembers the 2023 tragedy that resulted in Montalbano losing his life.

“At the end of the day, [people who can rent boats without a captain are] out there on their own,” Faubus said. “I can preach boater safety and all the safety stuff I can to our guests, but at the end of the day, when they leave our docks, they are on their own until they come back at the end of the day.”

Faubus said he’s never lost a guest on the water due to a safety issue. He adds that he and his staff try to do their due diligence to educate boaters before they step foot on a boat.

“Sometimes, I hate to say it, we have to put a little shock and awe into it, because I don’t really think they’re comprehending what can happen out there,” Faubus said. “At the end of the day, you’re going to come back safe… and that’s what matters.”