out against the man accused of driving without due care in the incident.

Joanne Dill -- listed as the executor and sole trustee of the estate of Al Reulle Shamsid-Deen -- filed the writ in the Supreme Court against Bruce Dawson Foggo last week.

Mr. Shamsid-Deen, 50, was killed on April 12 while night fishing with a friend off the Devonshire Dock.

He was sitting on the bow of the boat when he was thrown into rough water after a collision with a high powered jet ski 300 yards off Devonshire Dock.

Foggo, 34, of Ballast Point, St. George's, awaits trial after he denied on May 19 to piloting a watercraft without due care and attention on April 12.

He also pleaded not guilty to piloting the craft in the water while his ability to do so was impaired by alcohol or drugs.

In addition, he pleaded not guilty to without a reasonable excuse failed to comply with a demand to give a breath test for analysis.

Foggo, represented by lawyer Victoria Pearman, is free on bail.

A trial and an inquest -- originally scheduled to be held before November -- have not been held into the circumstances of Mr. Shamsid-Deen's death.

Mr. Shamsid-Deen, a self employed contractor and father of four, was killed a short distance away from his North Shore, Devonshire home.

The boat he was in had its starboard bow ripped off by the impact and the Tamara Bombadier jetski had its bow damaged in the collision.

Following the crash, campaigners lobbied for stiffer laws governing jetskis.

Ms Dill could not be contacted for comment.