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The videographer is a police officer who stood his ground until the last moment.

Now, according to news reports, Bryan Maess, of Hermiston, Oregon, has filed a $372,500 lawsuit against Marlin Lee Larsen, claiming Larsen was using a cellphone when he crashed his Bayliner Trophy into the fishing boat.

Officer Maess claims the accident left him with headaches, vision problems and injuries to his knee, ankle and arm, while the two other passengers, Christopher McMahon and Roni Durham, suffered cuts and hypothermia.

They were fishing at the mouth of the Columbia River. The accident happened on Aug. 12 last year.

According to news reports, Larsen’s son-in-law said he warned the 75-year-old to pay attention instead of using his cell phone, but the accused motorboat driver denies it.

Larsen has pleaded not guilty to reckless operation of a boat, fourth-degree assault, and recklessly endangering the lives of others.