Baller Dirt Posted June 9, 2011 Baller Share Posted June 9, 2011 Butte County jury awards woman $30M in boat mishap By AP News Wednesday, June 08, 2011 OROVILLE, Calif. (AP) — A Butte County jury has awarded a woman $30 million after finding a boat manufacturer was mostly to blame for injuries she suffered in a boating mishap on Lake Oroville.Roger Dreyer, the lawyer for 27-year-old Niki Bell, hailed Tuesday's jury award against Vonore, Tenn.-based MasterCraft Boat Co.Dreyer said the company's MasterCraft X45 boat had a design flaw that caused its front end to submerge during a turn and throw Bell and another woman into the water on July 9, 2006.The boat's propeller hit Bell in the head, fracturing her skull and ripping out an eye.The other woman, Bethany Wallenburg, was slashed across her back. The jury awarded her $500,000.MasterCraft's lawyer, Thomas Dale Nielsen, told the Sacramento Bee reckless driving, not the boat, was to blame for the accident.The company is considering an appeal.___Information from: The Sacramento Bee, http://www.sacbee.com Link to comment Share on other sites More sharing options...
Baller swc5150 Posted June 9, 2011 Baller Share Posted June 9, 2011 We're having quite the discussion on this over at planet Nautique. This moron driver had 19 people in the boat, and 12 in the bow - which would also essentially make him blind to anything in his path; fortunately he didn't t-bone someone else's boat too. MC may be guilty of building a stupid looking pickle fork design, but cannot be blamed for this accident. I guess personal responsibility is out the window:-( Link to comment Share on other sites More sharing options...
Baller Dirt Posted June 9, 2011 Author Baller Share Posted June 9, 2011 I thought the same thing. It will be probably be overturned on appeal or reduced but the lawyer fees/award will be passed on to the consumer. Link to comment Share on other sites More sharing options...
Baller ski6jones Posted June 9, 2011 Baller Share Posted June 9, 2011 With 19 people in the boat I don't understand how this wasn't found to be the drivers fault. Amazing!! Link to comment Share on other sites More sharing options...
Baller Not_The_Pug Posted June 9, 2011 Baller Share Posted June 9, 2011 When we saw this in the paper, it made me mad that people can't take responsibility for their actions. 19 people in one boat is too much. I'm sure there was some partying going on also. Our great legal system at work! Link to comment Share on other sites More sharing options...
Baller Roger Posted June 9, 2011 Baller Share Posted June 9, 2011 Well, I'm with all of you, but on the Mastercraft website, it states the X45's capacity as follows: Total Weight Capacity: 18 persons or 2,928 lbs. They may have well been under the 2928 lbs max even with 19. Can't see how they could rule the way they did if the load exceeded the specified maximums... Link to comment Share on other sites More sharing options...
Baller ForrestGump Posted June 9, 2011 Baller Share Posted June 9, 2011 An X45's nose is fairly wide and easy to dig in if you're not careful as you turn it. Link to comment Share on other sites More sharing options...
Baller Roger Posted June 9, 2011 Baller Share Posted June 9, 2011 And I imagine the more people you put in the bow, the easier the nose digs in. A prudent driver would know this and drive accordingly... To me, this is driver error, nothing else. Link to comment Share on other sites More sharing options...
Baller_ Wish Posted June 9, 2011 Baller_ Share Posted June 9, 2011 In the capacity listing does it say where the 19 people have to be placed or could u put all 18 in the bow and call it MC's fault? Amazed the boat holds that much plus ballast. Have never driven one but can't imagine they would be easy to contol swinging that kind of weight around. Gotta think the manual was chalk full of all kinds of wornings. There's stickers all over my 97SN Link to comment Share on other sites More sharing options...
Baller Skihack Posted June 9, 2011 Baller Share Posted June 9, 2011 If they lose the appeal I could see open bows not being built any more which to me would be a good thing. I never could understand putting people in front of the boat driver obstructing his/her view somewhat. Maybe we need open bows atop the motor on cars. :) Link to comment Share on other sites More sharing options...
MCskiFreak Posted June 9, 2011 Share Posted June 9, 2011 This whole thing has been a bunch of horse poo from the start. The moron driver who pleaded no contest to being negligent had 12 people in the bow of the the boat, "for optimal wake miking performance," and when he turned to pick up the boarder he took on water due to a roller. At this point the 2 girls are sitting on the gunnels and are pulled overboard as the water recedes, and the yahoo driver decides to gun the throttle "in a technique geared to help the front of the boat over a wake." While what happened to the 2 girls is terrible, they should have had the common sense to know that sitting up on the gunnels of the boat was a bad idea, and the driver should have had some idea that when there are no more seats in your bow there are too many people up there. Apparently there is no need for common sense in this world, as this case surely proves. The parents of one of the girls are quoted in an article stating that they will not be seeking damages from the driver, but 100% of the ruling from MC. Link to comment Share on other sites More sharing options...
Supporting Member Than_Bogan Posted June 9, 2011 Supporting Member Share Posted June 9, 2011 Not quite on topic, but: Open Bow Skeptics unite! :) I would never put my kids up there for their safety, and I'd never put an adult up there because of my view. Good to see at least one person is equally paranoid... Link to comment Share on other sites More sharing options...
Baller ForrestGump Posted June 9, 2011 Baller Share Posted June 9, 2011 The whole thing about the ladder holes being present is stupid. Had the holes for the ladder not been present, the outcome would have been the same. This was simply cockpit trouble. The pilot crashed the plane. Link to comment Share on other sites More sharing options...
Baller Bulldog Posted June 9, 2011 Baller Share Posted June 9, 2011 This is what our world has come too? It is a sad day when the stupid people win. "Do Better..." Link to comment Share on other sites More sharing options...
Baller ski6jones Posted June 9, 2011 Baller Share Posted June 9, 2011 Email the meat head attorney that so vigorously went after the deepest pockets. rdreyer@dbbc.com Link to comment Share on other sites More sharing options...
Administrators Horton Posted June 9, 2011 Administrators Share Posted June 9, 2011 you think he cares? Goode ★ HO Syndicate ★ KD Skis ★ MasterCraft ★ PerfSki Radar ★ Reflex ★ S Lines ★ Stokes ★ Baller Video Coaching System Drop a dime in the can Link to comment Share on other sites More sharing options...
Baller ski6jones Posted June 9, 2011 Baller Share Posted June 9, 2011 No, but a focused rant always makes me feel better about something like this. Sorry if I crossed a line by posting his email. I'll go back to lurking now. Link to comment Share on other sites More sharing options...
Gern Blanston Posted June 10, 2011 Share Posted June 10, 2011 this one smells like a jury trial. Juries are usually prone to the follow the sympathy factor - the poor girl lost an eye and the company has insurance. So, let's award her a lot of cash. Boating is a dangerous activity and it's taken hundreds of hours behind the wheel to become competent. That's why I can't ski well when my wife drives - unless there are no other boats on the lake, I'm too busy noticing her mistakes to just relax and focus on my skiing. Last year, a boat came "out of nowhere" on her, she turned sharply into my turn and almost ran me over. I fail to understand how people riding on the gunnels equates to a "design flaw." Link to comment Share on other sites More sharing options...
Baller LeonL Posted June 10, 2011 Baller Share Posted June 10, 2011 In most states/jurisdictions you get cited by law enforcement for riding on gunnels. So, if you're doing something that is against the law should that not place the responsibility back on the injured party? There is no logic to jury decisions some times. Link to comment Share on other sites More sharing options...
Baller_ Wish Posted June 10, 2011 Baller_ Share Posted June 10, 2011 U would think so but that darn Master Craft Co. had to go ahead and design a boat with cumphy gunnels. How dare they!!! Link to comment Share on other sites More sharing options...
clemsondave Posted June 10, 2011 Share Posted June 10, 2011 Isn't this a similar reason as to why we no longer have hot showers as an option on our boats? I heard someone scalded their junk by not testing the temp before shoving it down their drawers. Link to comment Share on other sites More sharing options...
Baller jdarwin Posted June 10, 2011 Baller Share Posted June 10, 2011 The "no shower" has to do w/ Carbon Monoxide poisoning from standing on the platform while the boat is running. Link to comment Share on other sites More sharing options...
Nick Sullivan Posted June 13, 2011 Share Posted June 13, 2011 No shower is only on the Nautique. Link to comment Share on other sites More sharing options...
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