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Smoke on the Water accident - Michael Scaffidi

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Old 10-31-2009, 10:53 AM
  #51
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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?
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Old 10-31-2009, 11:41 AM
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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 ?
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Old 10-31-2009, 12:00 PM
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Originally Posted by boatme View Post
was not delivery day
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.

Last edited by fantastixvoyage; 10-31-2009 at 12:03 PM.
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Old 10-31-2009, 01:04 PM
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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
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Old 10-31-2009, 01:20 PM
  #55
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Did the Driver/owner, throttle monkey, or boat manufacturer ever get sued? Wasn't Mike there from OL?

Last edited by Back4More; 10-31-2009 at 01:25 PM.
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Old 10-31-2009, 01:27 PM
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Originally Posted by SMOKDU View Post
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
Quote:
Did the Driver/owner, throttle monkey, or boat manufacturer 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.
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Old 10-31-2009, 02:22 PM
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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
Quote:
this is not a RACE but stop closing your eyes to what goes on. ... , after all they are not racing just showing off They should be at some fault IMO.
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.

Last edited by phragle; 10-31-2009 at 02:38 PM.
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Old 10-31-2009, 02:25 PM
  #58
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Quote:
Originally Posted by Back4More View Post
Did the Driver/owner, throttle monkey, or boat manufacturer ever get sued? Wasn't Mike there from OL?
Wasn't Bob Russell driving?
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Old 10-31-2009, 02:39 PM
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Originally Posted by SMOKDU View Post
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
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?
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Old 10-31-2009, 02:48 PM
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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
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