If it were me with that money in hand, I'd make a sizeable donation to make a wish for the last couple of years. Then get together with the event organizers and use that money to revamp the event, making changes where needed to try and prevent this from happening again. Keep it going in his memory. But thats just me.

yes its phucked up and for people to sue knowing kids will be left out in the cold makes me sic. I thought when he drive our boats in these events we sign a waver in case we kill ourselves theres no wrong doing. thats just bad karma on them.:lolhit:

Its like going to the pistol range and shooting your friend in the face with your own gun cause you never owned such a gun and then his family suing the pistol range and not the gun owner.

my gosh, does anybody else think its strange it took over a year to identify a remains of a guy that had a twin brother? seems to me that would be a pretty simple DNA test? Its awful the family had to wait so long to find out it was him.

I just remember seeing this huge wall of water spray up in the air, I was thinking man that guy must have cut thru a huge wave. Then I turned the other way to look at the other boats coming. It seemed like a long time later the coast guard boat came screaming out of the channel. We had no idea what had happened. Then we later we saw the over turned hulled being towed into the channel..... so sad. There should really be some sort of training course when you buy a brand new boat capable of those kind of speeds.

OL does include Tres' class when you buy one.

Thx for all the support over the years. My Brother Mike was doing what he loved. and owning a power boat himself he knew some risks. it was a perfect calm day and the driver crosses his hands because he missed the turn at speeds of 100 plus. it was driver error. his wife and two girls 5yr and 9yrs are now in the cold. you guys can still donate to make a wish and help kids whats stopping you ?www.wish.org not bashing on your sport but tell me why you can get on a boat that can go 100mph plus on the water and not even have to have a life jacket on or a jacket made for those speeds? the owner of such a boat should let his passengers know that the vest they have on is not going to stay on in a high speed crash. some higher dollar ones will that are made for high speed impacts. i drag race a 7 sec close to 200mph door car and guess what i cant make a pass without a helmet/fire suit/belts/certed cage ect....and guess who makes sure of it. "THE EVENT HOLDER" . These event sponsors should know the boats and how fast they will be going and make sure the owners and passengers are aware of what they need to run at these speeds. you all know what these events mean for the fast guys. its kind of a flex on how fast and cool your boats look/ don't get me wrong they are awesome boats that should also come with responsibility. so i say R.I .P. Mike / my brother/ great husband/dad/friend. glad your home. im designing a killer head stone for you. wax on wax off. you boaters know this and the people that knew Mike understood how he was with his family and hobbys. when i get it done ill post some pics

thx
Mark

Sooooooo suing the organization that put on the event but had nothing to do directly with the accident is the answer?
How does winning a huge settlement from the organizers help change what happened?

I feel sorry for your loss. I feel sorry for everyone that has lost someone in tragic accidents. It may just be me, but I dont' think lawsuits are the answer.

Is it the event holders responsibilty to make sure everyone wears there seatbelts to & from the run as well? They require you have life jackets on @ all times during a run as well as the driver wearing a lanyard... Should someone who owns a vette, ferrari, viper, Porsche etc have to wear a helmet & safety gear everytime they get n those vehicles just because they are capable of such high speeds on Any given street? Poker runs are not sanctioned races as your 7 sec 200mph car is entered in to... Had the driver stayed behind the pace boat(going by what I read in posts on here) that boat would have never been @ those speeds... Let me guess that's the event holders fault that he passed the pace boat to?

Even in your sport of drag racing with all of it's mandatory saftey equipment when an accident at those speeds happen people still perish correct? Does that mean the family of the deceased should automatically sue the drag strip/event holder where that person chose on his own terms to enter the car & facility to run those speeds?

Your brother knew the risks of getting n that boat, you don't get in a boat of that caliber & not know what it's @ least a lil bit capable of....

It's just absurd to truely believe that the event holder was responsible for this tragedy & held accountable...... When is the line gonna be drawn in America for lawyers to stop sueing anyone & everyone for everything? Don't get me wrong there should of been compensation but only from the driver....

May your brother R.I.P & sorry for your loss

Interesting post, To Mikes twin brother, I am sorry for your loss. I know the bond between twins (I have twin sisters) But it seems to me that you knew better than anyone else the risk Mike took in these types of boat s since you race cars yet you take no responsibility in understanding that this was an accident . If I was the race track that you run your cars on I would never let you near the pavement. Since your family has proven that they will seek monetary remuneration if something happens to you. Do you want to share with me the tracks you run on ?? I am happy to give them a call

As one of the two the promoters of Smoke On The Water Poker Run we require everyone to wear life jackets. We can’t make them keep them on once they leave the dock, or inspect each boat for type or style. This was NOT a race it was a rally and as such we put requirements down, but we do not inspect each boat (it is not a race) If we inspected each boat then we would have been considered operating a race
The lawyers tried to prove this was a race not a rally so they could hold us responsible for much of what happened that terrible day
What I find interesting is that it was insinuated by the lawyersthat the waver Mike signed was somehow forged, and to that end a hand writing analysis was done. Even after the analysis proved that it WAS Mikes signature, we were continued to be part of the law suit. At that point the legal maneuvers should have been over and the entire case closed since it was acknowledged that the participants were aware of what they were getting into. (Why else sign a waiver)

To clarify a bit for most on this site
PRO LLC (Smoke On The Water Poker Run) was not directly sued by the Family’s of the deceased parties. The families had sued the driver and the throttle man for many many millions of dollars. As a result the driver of the boat (Dave Morse) sued PRO LLC for basically not keeping him from being sued by the families.
I spent much time arguing with the local officials to keep them from charging Dave with negligent homicide since I thought this was an ACCIDENT (No one set out to kill two men that day) Then once the criminal charges were dropped the same attorney I had helped to protect Dave turned around and initiated the suit against us. After that we were sucked into the entire process.
My problem is also with the family suing at all. After the two years we spent going through all of this with the attorneys it was obvious it had become about money. At no time did the family’s admit there responsibility for what happened, and in the end it demeaned Mike and Johnny’s life by breaking them down to value, and translating it into millions.
I think the families of the two men who perished that day should be held accountable as well. Mikes family should have known more than anyone, since he was not new to this. Mike had attended SOTW the previous two years, he owned his own Donzi, and the boat he was supposed to ride in that day was also a 42 Outer Limits with lesser power.
At what point was Mike Scafidi responsible for attending the event (he signed the wavier) At what point was Mike responsible for getting on a boat with someone he had never met before. At what point was his wife and family responsible for letting him go to an event of such a nature that may present a danger to him. They knew what he was doing. In the end it was a payday nothing more.

There are no guarantees in life, and had either of these men dropped dead at home there would be no money and no helping the family financially except maybe by there own friends and family (as it should be)
Because this accident happened at an event .the families sought to get free money There are no guarantees in life and a payday every time an ACCIDENT happens is just selfish and demeaning to those that perished. Mike had kids, and the lawsuit provided for them and their future collage needs (no guarantees are provided that they could have afforded to send their kids to collage had they not won this suit) and millions were paid to his wife to move on. My question is why ??? There is no guarantee Mike would have made the money they said the family lost due to his death. As a matter of fact he was in the car biz so the income he was making would have gone down big time.
There is no guarantee Mikes wife would have been married to Mike years later, since the divorce rate in this country is 50% yet the attorneys used information on guessing Mikes’ future earnings and him being married to his wife the rest of his life to come up with some type of money calculation THERE ARE NO GAURENTEES The Desusa family got a lot less money but still in the 7 figure range (he must have been worth less according to the legal system)

What pisses me off on this whole thing is
1) That PRO LLC was drug into court and sued over this
2) That watching the entire process how the two men that died were reduced to MONEY
3) That the families got money just for being related, and took zero responsibility for their loved ones attendance at our event, and blamed everyone else for things that were in sole control of the men that attended
4) The Scafiddi family never expressed a thank you when we paid out of our pockets to house them in a hotel for a couple of weeks while they searched for their loved one. And while we worked to support all that were involved.
I also never saw a formal thanks to the participants of the event for all the money that was raised that night of the accident by the attendees at the awards that was givin to the two familieys
They never stood up for us to have us removed from the lawsuits. In mediation their lawyers wanted us to share in the payout not be removed
I said it before, and I will say it again. I am sorry for the loss to the families. But at the end of the day the greed and desire to blame everyone else but themselves is the reason that SOTW is no longer in existence today
Many HAVE continued to donate to Make A Wish since the accident, but I have not heard of anyone in the Scafidi or Desusa family donating a dime to Make A Wish of Michigan and they are the reason the kids are no longer benefiting both monetarily and through boat rides at our event. These families got MILLIONS, it would be nice to see them donate back to the cause that their loved ones attended and lost their lives at.
One last thought Had no one died that day at SOTW you can bet your butts that these two men would have been bragging about their day, but since an ACCIDENT HAPPENED their families just blamed everyone else and collected millions. It is a sad deal I hope to never be part of again

I am done rambling on, it is just a very sensitive issue for me since it ended something we enjoyed and believed in

Other thoughts for Mike’s brother
They make life jackets called lifelines that most racers wear at boat race events. Three problems exist here
1) This was not a race
2) Had they been wearing these vests (which I think would have been a better choice) the law suits would have stated that they were wearing devices that were not approved by the US Coast Guard and as such that information would have been used in the lawsuits
3) According to the authorities reports your brother died due to a neck injury (stated in local paper a few nights ago) so the style of life jacket would most likely have not changed the result

If you bring your race car to a car show event (not a race) and you get in it and do a hot lap at the track next door because you saw the gate was open, is it the event organizers responsibility to make sure you have on a helmet and safety equipment before YOU make a decision (of your own) NO it is not (a lawyer would blame someone for leaving the gate open) This was not a race and if your brother was not comfortable with the boat or safety equipment no one was forcing him in the boat HIS CHOICE, HIS RESPONSIBILITY Your example is so off base it isn’t funny

I am sorry for your loss, but I have completely disagree. Your brother made an adult decision to ride with a friend, in a boat capable of high speed, IF DRIVEN THAT WAY, the boat is fully capable of 30-60mph speed also. Having been involved in law suits, this was nothing more than greed. Their was no race, he was an adult, he could have worn a lifejacket, he could have not gone. If any fault is at hand it is the drivers and the passangers "personal responsibility" to ensure their own safety, we are all adults and responsible for ourselves, but I guess not according to your thinking????:party-smiley-004:

Marc, great posts you have, and all true. Sad to say, it's all about the almighty buck.

Again, so sorry for the loss of 2 lives here, but I wonder what these 2 guys would say if they could speak from the grave ?? Better judgement tells me that they would'nt agree with the outcome.

My wife has a rare condition called Wilsons Disease. It is a rare genetic condition that damages the liver. It can be fatal if not treated with medications. In addition, alcohol consumption will damage her liver further. My wife has chosen to take care of herself and not consume alcoholic beverages because of the risks involved with such behaviors (liver damage leading to transplantation or death). So, if she decided to engage in a high risk behavior such as consuming alcoholic beverages, should I sue the bar or the makers of what she drank? Who is responsible here?

My wife and I were talking and we realized that we all understand the risks involved in this sport we love and I am sure Mike Scafidi and Johny Desuza did as well, and would probably not like the lawsuit because they chose to attend this event no one made them come.
Since families don’t seem to understand, we think that the solution now is that all family members of any participants at a Poker Run must provide a permission slip from their loved ones to attend an event

The new rule : YOU MUST HAVE A PERMISSION SLIP TO GO WITH YOUR WAIVER LOL
So quick run to all the relatives who are looking to become millionaires, and stop the madness. This will not solve things but it might make people think. (I am sure a Lawyer will say the permission slip was forged)

Does anyone see how stupid this is ?

Agree it wasn't delivery day, even ran next to them the evening before testing another OL. Got a ride back to the hotel with the whole OL crew - who knew that the next day would bring such sadness.

It is just aweful this event was cancelled. Rarely do you get to see the impact these events have as typically it is ONLY to cut a big check to a charity, never seeing the children impacted. This event not only provides that big check, but with its ride alongs and children being around all weekend you could really see the joy and happiness this event brought to them. For me those smiles were priceless...appears for some they were willing to put a price on it.

THX again for the support. but the bottom line was 2 good men got killed. i do agree that you can't put a money value on it and should not . i did not get a dime from it. they asked our family members if we wanted any money from the loss and we all refused to take any money. our family is well off and is worth way more than the settlement. the facts are this is not a RACE but stop closing your eyes to what goes on. you guys know who are the front runners and so did mike im sure. but don't down play it like you all know you are going to stay under a given MPH. if at our races they knew we took people for rides on the public side street (i have 4 seats) at high speeds, and the Event holders knew it, but closed there eyes because,, after all they are not racing just showing off They should be at some fault IMO. everyone knows it is easier to be reckless in a boat than in a car and not get caught. (on a big lake) sorry you lost your event but maybe you guys can look at it like it is an Event that has Race Boats in it. im sure that your head gets over your skills sometimes because of all the hype involved in these Events. on the street if you drive 25mph over the speed limit and kill someone guess what "reckless driving and poss jail time" yet at most these events some guys are driving 25mph over the lake limit and don't even think that you are doing anything wrong. maybe the Event Holder should have Police Boats following with Radar and pulling every boat over that speeds. ? How fun would that be and how many would not attend? if you guys say you would still attend than do something about it so down the road stuff like this will not happen because of high speeds. (if its not a race). get LIfe LIne jackets and helmet for the front runners that think they can't obey a law >wink wink> and at least then the crew is protected with a better chance of living in a crash. i have seen many bad drag crashes and a lot of people live because drag strips stop closing there eyes after many got killed without the right stuff. forget about the money involved ( i did) and focus on your sport. sorry for the rant. I'm not mad at anyone. i understand the risks of speed but i protect myself because i was taught about it by the track owners. most people would love to hop in a boat like that and if they only could find a child's orange vest to put on they would because of the hype. if you look at some pics most are not even wearing life vest. and they are going at least 60 mph. (over the limit) again i under stand it is not a race but if we had cannonball runs in our cars the same thing would happen. and if it was on a public road i bet the event holder would take some **** for it the next year. JMO. good luck next year. be safe. and if you take people in your boat please give them the best chance of going home..

thx
Mark

Did the Driver/owner, throttle monkey, or boat manufacturer ever get sued? Wasn't Mike there from OL?

not sure i dont even know what his wife got. i stayed out of the law suit. had nothing to gain from it. but Mike was there for fun and at the last minute got his way on the boat because one guy never showed i guess.

Facts are facts: There were many other boats that ran not only that event, but that same event in previous years without incident if you own a corvette, and go on an outing with the corvette club for fun and wreck the car by taking a 45 mph corner at 90 mph.. is it the corvette club's fault you chose to drive recklessly? is it the Corvette clubs fault that you weren't wearing a helmet, firesuit etc? did the corvette club encourage you to drive in a safe reasonible manor or did they hold a gun to your head and say go faster? how many other corvettes much less other cars from ferraris to volkswagon have safely negotiated that 45 mph corner before?? is it the states fault for building a 45 mph corner? is it chevy's fault for building a corvette in the first place?? Is it Karl Benz's fault for inventing the automobile? Or is it the fault of the guy who made the willfull decision to operate his car in a reckless manner? As for the I am willing to bet that EVERY car you see on a any dealers lot is well capable of exceeding the highest posted speed limit in the united states, yet everyday a least one person dies in this country because they drove in a reckless manner on a public street. Maybe it should be a requirement that every car must have a front to rear cage, and everyone ion a care must wear a 3 layer firesuit, full racing harness, hans device and kevlar underwear to drive 3 blocks to 7/11 to get their morning coffee.....

This is going to sound like a very cold hearted statement, but those that know me in this sport know what I contribute to the safety of it, Your brother made an informed willfull decision to get in that boat and particiate in an event knowing full well the risks involved SMOTW did not make that decision for him, he did, outerlimits did not make that decision for him, he did... lake michigan didn't make that decision for him, he did. you or I did not make that decision for him, he did. He and he alone made that decision on his own without duress or undue prejudice and he alone is responsible for the consequences of that decision. Does it suck for his family? yes cause possible financial strain..maybe..but it was his responsibilty to obtain life insurance or otherwise plan to provide for his families needs if he knew he was going to be involved in potentially hazzardous or fatal recreational activities.

Wasn't Bob Russell driving?

I will make this simple for you

1) it was not a race. My wife and I have also put on boat races as well so I know the difference, both in how it is organized, and the requirements for it.

2) There is no speed limit one mile from shore (no wink needed) There was no law being broken at the time

3) Mikes family (wife) got Millions of dollars, I have copies of the settlement. I see zero justification for his wife to become a millionaire because HER HUSBAND made a bad choice and they had to spread out the blame until money rose to the surface. Mark why were you not sued buy Mikes wife? You understood the dangers more than most and still you let him go to a boating event. Do you see how stupid this is ??

4) You apparently did not read what I said about the life lines. They are not coast Guard approved and as such an attorney would use that as their position to gain more money. Beside Mike knew what a lifeline is why did Mike not provide one for himself if it was that important? They don’t provide you your helmet at the race track do they ?? Again where is Mikes responsibility in all of this

5) Mark YOUR BROTHER made a bad decision that day to climb into a boat of someone he knew nothing about. Maybe we should have sued you and your family for not raising someone to be smart enough to think of that (again you see my position?)

6) Poker Run participants are required to wear a life jacket, by u,s at our event. Again if it is removed once they get out on the water we can’t police it since it is NOT a closed race course and it is a rally.

End of the story “GREED” ended a poker run and a charity for children. GREED ended the day long opportunity for any and all Make a wish kids who wanted to go for a boat ride to do so and have a great day of food, fun, sun and boating.
You say “our family is well off and is worth way more than the settlement.” If this is true that only makes this more appalling. Then your family should have help your brother’s wife out and got her through this financially not a lawyer . Or was it that the lawsuit was so WE could maintain her lifestyle?

ya he was and i dont think he did anything wrong. and if the corvette club every year had vetts driving 150 mph at every event there would be a change made i bet. again im not saying you all drive this way but the facts are it is easy to get caught up in the hype of the event with choppers overhead to push it to the limit. if you guys can all say this is not true than im sorry.im not a boater but from the videos i have seen most drive there boats how they are meant to be driven. some dont and some drive with better skill. I.E the reason for 2 men driving them. this was a no win for everyone but maybe some good can come out of it. maybe not but at the end safety is number one. and yes accedents happen even on the street/drag strip/car club/boating event. but just beware that some are more reckless than others and try as a club to either close your eyes with better safety equipment or just stay in the back and pick up the peices....

we could go one forever here. sorry if maybe i do not understand as much as you guys do. maybe im wrong . maybe not.

thx
mark

maybe I need to simplify the message..

I'm empathize with your loss, but your brother was a grown man responsible for his own actions, Sotw is not his Mama.

in the future, don't ever eat again, food could be contaminated, don't go outside, you could be struck by lightening or afalling meteorite, dont stay inside, your house could be harboring toxic mold or lead paint, don't breathe, the air could be polluted, don't watch tv, there might be something you find offensive, step away from the computer, there may be electromagnetic radiation eminating from the screen..Dont, don't don't, I tried to do everything possible to warn you and protect you, but alas, i guess your just screwed. By the way..isn't this all god's fault for inventing people??

Dave Morse was driving and Bob Russell was running the throttles

IMO - the driver of the boat was irresponsible and at fault for his actions and persued legally. Blame the system for letting it get where it did or yourself for not having the proper legal documentation to prevent SOTW from being persued. What kind of lawyer would put his client at this kind of risk?

My point is two guys made a decision that cost them their lives, SOTW made a decsion to not protect itself adequately. The family's may have wanted and may be entitled to justice for another's irresponsible actions - your decision to not protect the organization adequately is yours, accept some responsibilty yourself. Its NOT eveyone's elses fault.

Insurance companies and attorney's breed this - change the system to include common sense and most of these situations will go away.

Mark I respect your right to and opinion but please share with me one thing
Why should anyone have had to pay for Mikes death except his family
Why was it SOTW’s fault, or even Dave Mores and Bob Russell?
Was not Mike responsible for his attendance at the event and his ultimate demise?
Again in Mike’s case I do not believe the life jacket would have saved him if it was a life line
But if you feel that it is an important part then Mike is responsible he has a offshore boat and he had attended our event before He knew full well what he was getting into
My wife reminded me that when we go on friends boats we always have a duffle bag in the car with our boating supplies INCLUDING our life jackets

You are kidding right ??

We has insurance and waivers Low life attorneys were looking for a payday A well known attorney in Florida had already called the marine patrol by the time we got back to the docks the day of the accident looking for information. It was a fricking feeding frenzy of attorneys
IT WAS AN ACCIDENT and we did what was needed and required to protect ourselves still the end result was ending the event due to legal actions

You have NO IDEA what you are talking about

Are you and attorney ???
as long as we have attorneys there will be no place for common sense

Or personal accountability.

ditto!

Apparently then the justice system doesn't acknowledge waivers or SOTW had a poorly written version. It clearly did not stand up in court, who's responsibility is that?

The fact that your organization chose not to continue is the organization's decision, not the familiy's. They continue elsewhere all over this country - ALL knowing the results of this incident.

No I wasn't at any of the legal proceedings, am not an attorney, but based on the info you've presented, I assume the "system" did not consider it an accident and placed the liabiltiy accordingly. Do I think they should have been able to sue SOTW, NO. However, the bottom line is that SOTW did not protect itself adequately either or would have been dismissed from liability.

The thing that bothers me is that one of the survivors sued SOTW and is still treated like some sort of rock star at other poker runs. If I personally held a poker run, and he showed up to participate I would have a real hard time letting that happen.

Mark, I am sorry for your loss, but this is simply a bad decision on your brothers part by getting into a boat that he had no idea or didn't care about the drivers lack of driving experience. I do about 12-15 poker runs per year and I understand that there is risk involved, so I have provided enough coverage for my family in the event of my death. Your brother should have done the same. We all are responsible for our decisions in life. Again, I am sorry for your loss.

No ,the problem is lawyers don’t acknowledge waivers They don’t care what the waiver said They saw insurance money and went after it They don’t have to be right, they just want a settlement of money they think if they bully they will get some settlement even if the waiver is iron clad

Was there a settlement or was it decided by the court (judge)? If settled, why not go to trial?

I agree most ambulance chasing attorneys are the scum of the earth and have exploited the system far beyond intent.

Guys this is going no place. I am going to close this thread. If anyone has any new info pertaining to this let us know and we can open it again but this has gotten ugly.