3.8 million dollar jury award against Brunswick--be aware - Pensacola Fishing Forum

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Old 04-09-2010, 08:46 PM   #1
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Default 3.8 million dollar jury award against Brunswick--be aware

I have not able to visit PFF site much in the last few weeks so I don't know if this has been posted or not. If not, thought this may be of interest. I saw it on another forum that I watch.

<SPAN class=postbody>There was a 3.8 million dollar award agains Brunswick (Sea Ray/Mercury). This may be reversed upon appeal, but it is something which we should all be aware of. I am quoting part of the article from Statesman.com:
"Brochtrup (the 18 year old injured) sued Sea Ray Boats Inc. and Mercury Marine ? Brunswick is their parent company ? in 2007, saying they were liable for his injury.

He had been celebrating the July Fourth weekend wakeboarding with three friends at Emma Long Metropolitan Park when the accident happened. Brochtrup had just finished his turn on the wakeboard when a tow rope popped off the back of the white Sea Ray ski boat.

Brochtrup jumped out of the boat to grab the line. Unaware that Brochtrup was in the water behind him, 18-year-old driver Patrick Houston put his family's boat in reverse.

The propeller caught the top of Brochtrup's right leg and twisted it around, chopping deep into flesh, muscle and bone."

As in many marine cases, there was a percentage liability from each party--the driver of the boat who put it in reverse (17%), the person who was injured by jumping into the water to retrive a tow ine (17%) and Brunswick who did not put a propreller guard over the prop of this boat ( 66% liability).
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Old 04-09-2010, 08:51 PM   #2
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Default RE: 3.8 million dollar jury award against Brunswick--be aware

Who knew that you can't jump off the tramsome with the boat in reverse?:banghead:banghead:banghead

I can't believe they were found liable at all. IMO the guy that jumped off the back of the boat is 100% liable. Next I take my boat out I'm telling everyone on board no one is allowed to jump in the water without permision.
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Old 04-09-2010, 09:01 PM   #3
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Default RE: 3.8 million dollar jury award against Brunswick--be aware

Can't fix "stupid". Also, we need tort reform.
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Old 04-09-2010, 09:11 PM   #4
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Default RE: 3.8 million dollar jury award against Brunswick--be aware

Quote:
Orion45 (4/9/2010)Can't fix "stupid". Also, we need tort reform.
AMEN BROTHER! Just think how much less expensive things would be if the manufacturers <U>were not</U> held liable for someone else's stupidity!:doh
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Old 04-10-2010, 01:00 AM   #5
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Default RE: 3.8 million dollar jury award against Brunswick--be aware

This was a test case. The industry has been urged for years to provide saftey guards on marine engine propellers. Granted, it would add to the cost of the rig, about 5.70 to the manufacturer. But ask Rundover if he would agree that it would be a good idea for boat props to have guards.

Brunswik was order to pay 3.8 million to the injured. They likely paid their legal team and in-house counsels at least that much if not more trying not to pay the injured man. They could have made a lof of prop guards for that amount of money and look how many injuries could have been avoided.

This case is not over yet. It will be appealed until the injured person is either old or dead. Thenthe prop guard issuedwill be a dead issue again until some kid gets run over by a drunk and is killed. Then there will be another lawsuit that will include another boat or engine manufacturer.

Tort reform? If it were not for the Plaintiff attorneys holding manufactureres responsible, the manufacuterers would do whatever they wanted to do, with as little saftey concern as they could get by with. Case in point, the recent mine catastrophe. The mine owners knew they were in violation of all kind of safety issues but they ignored them. The mine inspectors let the violations slide, but now, families have lost their loved ones, and it will be the Plaintiff attorneys who make the mine owners pay for wrongful deaths. They will be forced to clean up their act and be good corporate citizens, because they now will realize that it is too expensive to be cheap.
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Old 04-10-2010, 06:39 AM   #6
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Default RE: 3.8 million dollar jury award against Brunswick--be aware

We MUST have Tort reform..just $$$ limits onhow much you can sue for.. Millions $$$ for hot coffee??? :hoppingmad if we have any chance of lowering healthcare costs... if there were limits they wouldn't need an expensive in house legal team = better products/services for less $$$$$
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Old 04-10-2010, 08:09 AM   #7
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Default RE: 3.8 million dollar jury award against Brunswick--be aware

The OLE Personal Responsibility.

Hey while the Lawyers are suing the boat manufacturers for no prop guard they need to sue car manufactures also. (JK) . My point is. people and pets can be run over by the tires of vehicles. Maybe the car manufactures should put the wedge device infront of the tires like a train has on the locomotive. Hey I'm going to sue HotPoint appliances. I was cooking on my stove top and went to reach into the cabinet above the stove, while doing that I had to put my hand on the stove to reach what I was after. While I put my hand on the stove I burnt it pretty bad. I sure wish there would have been a heat guard on the top of the stove. Hey there is no warning label stating that the surface will burn you if you come in contact with it.

I don't know if the sign is still there. A couple years ago I was driving through Beulah and someone had made a homemade sign that read," Save AMERICA Burn a Law School". That is sooo true now-a-days. Now of course I'm being sarcastic about the stove and the autos, but they are the same scenerios.

I guess I can go swimming trough P'cola Pass on a Sat. , yea right in the shipping channel. Maybe on of those props will hit me and I can sue the Boat and Engine Manufacturer. Hey, maybe I can sue the CG for not posting " NO Swimming" signs near the channel. The no swimming signs need to posted in Spanish too. Just when you think you've heard it all something like this lawsuit come up. I know in a vehicle , I was told to look before backing. I bet the operator of the vessel has not successfully completed a boat safety course. Just my .02.
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Old 04-10-2010, 08:15 AM   #8
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Default RE: 3.8 million dollar jury award against Brunswick--be aware

Quote:
fishn4real (4/10/2010)This was a test case. The industry has been urged for years to provide saftey guards on marine engine propellers. Granted, it would add to the cost of the rig, about 5.70 to the manufacturer. But ask Rundover if he would agree that it would be a good idea for boat props to have guards.

Brunswik was order to pay 3.8 million to the injured. They likely paid their legal team and in-house counsels at least that much if not more trying not to pay the injured man.

This case is not over yet. It will be appealed until the injured person is either old or dead.

Tort reform?

"If it were not for the Plaintiff attorneys holding manufactureres responsible, the manufacuterers would do whatever they wanted to do, with as little saftey concern as they could get by with."
I agree 100% with Mitch! The various associations, like the AMA make sure the press makes everyone aware when a lawsuit is settled for the plaintiff when some uncaring, incompetent physician has damaged this person.

If it were not for attorneys representing injured persons, they would walk away, Scot Free! Tort reform should include dishonest justice systems, like in Baldwin County, AL where there has not been a medical malpractice lawsuit settled for the plaintiff in over 24 years. The inept, uncaring alpha hotel who almost killed me has had 8 medical malpractice lawsuit filed against him in the last five years. I have been told that the presiding judge in Baldwin County has stated publicly that there will never be a medical malpractice settled in favor of the plaintiff while he is on the bench. Of course, this is heresay, but how many doctors have had 8 lawsuits in 5 years? I know Doctors who practiced medicine for over 30 years and NEVER had a lawsuit filed against them. WHY? Because they were competent, caring professional physicians who practiced medicine properly.

I have always believed that professionals, manufacturors, the private sector and government would practice according to our Christian principles and existing law. Some do, some do not! Without lawyers we would be trampled by greedy, incompetent firms. I found that not all lawyers are genuine in their practice also. Names available on PM request.

:hoppingmad
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Old 04-10-2010, 08:21 AM   #9
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Default RE: 3.8 million dollar jury award against Brunswick--be aware

Orion is right, can't fix stupid. The operator of the boat has sole responsibility for the safety of passengers and the vessel. Unless this boat jumped into gear and hunted the unfortunate victim down by automatically shifting into auto pilot, how do you blame the manufacturer of the boat? It is a shame that in America it is becoming common for someone to take an unfortunate mishap created by their own poor choices and try to turn it into personal gain at the expense of others.
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Old 04-10-2010, 10:04 AM   #10
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Default RE: 3.8 million dollar jury award against Brunswick--be aware

Yeah I guess the driver could be seen as resposible, I just can't stand the idea of someone jumping off of a boat to retrieve something. I mean, If I'm offshore fishing a wreck or inshore fishing a spot and drop something overboard I swing the boat around and pick it up with a hook poll, andI damn sure don't jump in the water unless there is no other choice. Then again they were wake boarding.:doh

IMO any "water sport" is inherently dangerous and life threatening. I won't pull skiers, tubers, or any of that stupid crap with one of my boats. It's dangerous and serves no point. If we ain't cathin' fish, working, or going from point A to point B the boat stays at the dock.
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