Smoke on the Water accident - Michael Scaffidi
10-31-2009 | 03:38 PM
#71
Registered
Joined: Feb 2002
Posts: 6,656
Likes: 20
From: Lake Michigan
ditto!
10-31-2009 | 03:45 PM
#72
Registered
Joined: Nov 2004
Posts: 603
Likes: 3
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 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.
10-31-2009 | 04:00 PM
#73
Platinum Member
Joined: Apr 2001
Posts: 2,910
Likes: 0
From: Saratoga Springs, N.Y.
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.
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.
10-31-2009 | 04:35 PM
#74
Registered
Joined: Jan 2001
Posts: 4,025
Likes: 4
From: Spring Lake, Michigan
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 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.
10-31-2009 | 05:32 PM
#75
Registered
Joined: Nov 2004
Posts: 603
Likes: 3
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.
I agree most ambulance chasing attorneys are the scum of the earth and have exploited the system far beyond intent.
10-31-2009 | 06:21 PM
#76
Charter Member #232
Joined: Oct 2000
Posts: 18,417
Likes: 6
From: Carlisle, MA USA
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.
__________________
Put your best foot forward!
Put your best foot forward!
