*Naya Rivera’s ex-husband Ryan Dorsey has filed a wrongful death lawsuit on behalf of their 5-year-old son Josey, following the boating accident that claimed her life four months ago.
Rivera was found dead in July, nearly a week after she disappeared during a boating outing in Ventura County, California, with her son. She was 33.
According to the investigative report, Josey said they counted “1, 2, 3” and jumped off the pontoon boat together at Lake Piru in Ventura County, California. Once in the water, the child said his mother told him to get back on the boat.
“She helped him onto the boat and then he then heard [Naya] yell ‘help’ and she put her arm in the air. She then disappeared into the water,” the investigative report states, per PEOPLE.
According to court documents obtained by PEOPLE, Dorey is suing Ventura County, the county’s Parks and Recreation Management, and the United Water Conservation District for wrongful death and negligent infliction of emotional distress.
READ MORE: Ryan Dorsey Says Naya Rivera’s Sister Put Her ‘Life on Hold’ to ‘Support’ Him and Son [VIDEO]
The lawsuit claims the boat Rivera rented did comply with U.S. Coast Guard safety standards.
“[The boat] was not equipped with a safely accessible ladder, adequate rope, an anchor, a radio or any security mechanisms to prevent swimmers from being separated from their boats,” the complaint states. “Disturbingly, later inspection revealed that the boat was not even equipped with any flotation or lifesaving devices, in direct violation of California law, which requires that all pontoons longer than 16 feet be equipped with flotation devices.”
The court documents also cite the lake’s “deadly history” and notes that there wasn’t “a single sign anywhere — not at the entrance, at the dock, at the popular swimming area of Diablo Cove, not anywhere — warning of the lake’s strong currents, low visibility, high winds, changing water depths, underwater caves, ledges and drop offs, or the trees, brush and other debris that congest its waters due to the vastly changing water levels and winds.”
Rivera was reportedly in good health at the time of her death, but she had a history of vertigo “that would get worse when she was in the water.”
“The decedent would have vertigo to the point of vomiting, but she learned to control the symptoms with antihistamines,” the investigative report states.
According to the report, the “Glee” star had been treated at Cedars Sinai hospital for vertigo prior to her death.
She also had “no known history of suicidal ideation or attempt,” according to the report.
Riveria’s cause of death remains an accidental drowning.
The actress and Dorsey, 37, were married from 2014 to 2018.
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