The father of a teen whose blood alcohol level was .17 percent when she drowned at Lake Berryessa has filed a wrongful death suit against the girl’s mother and several others who were present at the Labor Day 2007 outing.

Troy Brookman, the biological father of 13-year-old Erin Brookman, filed a civil lawsuit in Napa County courts against the girl’s mother, Susan Jones, and four other people who were with the teen on the day she died of the combined effects of alcohol and carbon monoxide poisoning caused by boat engine fumes.

Others named in the lawsuit are Deborah Ferolito, Robert Hansel, Donovan Burgess and Eric Persson.

According to the lawsuit, Ferolito owned the “party barge where she and Hansel consumed significant amounts of alcohol and permitted several minors, including Erin Brookman, to also consume significant amounts of alcohol both at the campsite and on the boat.”

Erin Brookman was at the lake with family and friends who gathered on several boats near the Pope Creek Bridge. She and a female friend were in the water on the swimming platform on the rear of Ferolito’s boat. They were not wearing life jackets, according to the lawsuit. They went to another ski boat owned by Eric Persson, which according to the lawsuit had its engine idling so they could listen to music on their stereos.

The lawsuit claims that Erin Brookman and her friend went to Persson’s boat and held onto the wooden step at the back of his boat for several minutes.

Brookman’s friend became sick from the exhaust fumes and climbed into boat, according to the lawsuit, adding, while attending to her, Brookman also became ill from the exhaust fumes and slipped under the water.

A search for Brookman was unsuccessful and her body was found the next day, which would have been her 14th birthday.

Troy Brookman’s attorney, John Demas of Sacramento, said the lawsuit focuses mainly on the dangers of leaving boat motors running when swimmers are in close proximity.

“A law was passed this past year prohibiting boat owners from running their motors when boats are moored or not moving. We want to get the word out that this is a very dangerous situation which in this case caused a young girl to lose her life,” Demas said.

Demas said although alcohol was a factor in Brookman’s death, the carbon monoxide poisoning was enough to cause the teen to die.

Napa County Sheriff’s Capt. Jean Donaldson said the criminal investigation into Brookman’s death is closed.

“Our investigation was reviewed by the district attorney’s office and they felt there was not enough evidence to file criminal charges,” Donaldson said. “There were allegations that adults provided alcohol to the minors, but we did not find any evidence to substantiate those allegations.”