law suit against Donzi/Merc
05-30-2002, 09:05 PM
#1
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law suit against Donzi/Merc
We are seeking information about a lawsuit that was suppose to involve Donzi/Merc with specific reference to the 22ZX spinning out and throwing passenger out of the boat.
Does anyone know of this incident or anyone involved in such an incident, or the Attorney that handled the case. Any informayion will be greatly appreciated.
Does anyone know of this incident or anyone involved in such an incident, or the Attorney that handled the case. Any informayion will be greatly appreciated.
05-31-2002, 12:59 AM
#2
speel chekk this fokker!
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Pardon me, while I whip this out!
Pardon me, while I whip this out!
05-31-2002, 05:48 AM
#3
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You've lived in Florida way too long..
Scott B
Can we get a seperate yellow pages for all the attornies here? It would make the regular one about 12 pounds lighter..
Scott B
Can we get a seperate yellow pages for all the attornies here? It would make the regular one about 12 pounds lighter..
05-31-2002, 08:14 AM
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Not sure if this is what you're talking about (Donzi on Lake Winnepesaukee). Here's the article from the Laconia Citizen, May 1, 2002.
Judge blocks evidence in fatal boating lawsuit
CONCORD (AP) - A boat manufacturer sued after a fatal accident on Lake Winnepsaukee will not get to tell jurors that the victim failed to take safety precautions that could have saved his life.
Chad Warren, 25, died Sept. 8, 1997, when he was thrown from a power boat made by American Marine Holdings. His
estate later sued the manufacturer, claiming the boat was defective.
Warren and two co-workers at a Wolfeboro marina were taking the boat out for a test drive. According to the lawsuit, Warren was operating the boat at a speed of 70 mph when the boat suddenly dropped to the right, knocking the two other men into the water.
Warren managed to grab a bar on the back of the boat as he fell, but he was killed by the motors' propellers.
Warren's family argues the boat was defectively designed or manufactured, making it unsafe to turn at high speeds.
American Marine Holdings argues that Warren was at fault because he did not operate the boat properly. To support
that claim, the company planned to tell jurors that Warren was not wearing a life preserver or a kill-switch lanyard,
which would have stopped the boat's motors when Warren moved away from the controls.
But a federal judge on Wednesday granted the plaintiff's motion to suppress that evidence, agreeing with Warren's
estate that the information is not relevant.
Judge Joseph DiClerico based his decision on previous rulings involving car crashes. In those cases, seat belt use
could not be used to prove negligence because, although it may have contributed to injuries, not wearing a seat belt did
not cause the crash.
American Marine argued that the seat belt rule did not apply in this case because the kill-switch lanyard affects the
operation of the boat, whereas a seat belt is a passive safety device. Had Warren been wearing the lanyard, he would
not have been thrown from the boat when it suddenly shifted, the company said.
But DiClerico rejected that argument because the lawsuit blames the boat manufacturer for the boat's sudden shift, not
Warren's ejection.
"American Marine does not suggest that wearing either a life vest or the kill-switch lanyard would have affected the
operation of the boat during the turn," he wrote.
That makes the case similar to a car crash in which an unbelted driver is injured, he said.
"Therefore, although the kill-switch lanyard might have prevented some or all of Warren's injuries, his failure to wear the
lanyard did not cause the boat's unexpected action during the turn, which is the accident alleged by the plaintiffs,"
DiClerico wrote.
American Marine also argued that Goodhue and Hawkins Marine had a policy requiring employees to wear the lanyard,
but the judge said the manufacturer failed to prove it. The best the company could offer was an employee who said he
saw others wearing the lanyards but couldn't remember who told him to do so.
2002 Geo. J. Foster Co.
http://www.citizen.com/news2002/may/01/ap0501ac.htm
Judge blocks evidence in fatal boating lawsuit
CONCORD (AP) - A boat manufacturer sued after a fatal accident on Lake Winnepsaukee will not get to tell jurors that the victim failed to take safety precautions that could have saved his life.
Chad Warren, 25, died Sept. 8, 1997, when he was thrown from a power boat made by American Marine Holdings. His
estate later sued the manufacturer, claiming the boat was defective.
Warren and two co-workers at a Wolfeboro marina were taking the boat out for a test drive. According to the lawsuit, Warren was operating the boat at a speed of 70 mph when the boat suddenly dropped to the right, knocking the two other men into the water.
Warren managed to grab a bar on the back of the boat as he fell, but he was killed by the motors' propellers.
Warren's family argues the boat was defectively designed or manufactured, making it unsafe to turn at high speeds.
American Marine Holdings argues that Warren was at fault because he did not operate the boat properly. To support
that claim, the company planned to tell jurors that Warren was not wearing a life preserver or a kill-switch lanyard,
which would have stopped the boat's motors when Warren moved away from the controls.
But a federal judge on Wednesday granted the plaintiff's motion to suppress that evidence, agreeing with Warren's
estate that the information is not relevant.
Judge Joseph DiClerico based his decision on previous rulings involving car crashes. In those cases, seat belt use
could not be used to prove negligence because, although it may have contributed to injuries, not wearing a seat belt did
not cause the crash.
American Marine argued that the seat belt rule did not apply in this case because the kill-switch lanyard affects the
operation of the boat, whereas a seat belt is a passive safety device. Had Warren been wearing the lanyard, he would
not have been thrown from the boat when it suddenly shifted, the company said.
But DiClerico rejected that argument because the lawsuit blames the boat manufacturer for the boat's sudden shift, not
Warren's ejection.
"American Marine does not suggest that wearing either a life vest or the kill-switch lanyard would have affected the
operation of the boat during the turn," he wrote.
That makes the case similar to a car crash in which an unbelted driver is injured, he said.
"Therefore, although the kill-switch lanyard might have prevented some or all of Warren's injuries, his failure to wear the
lanyard did not cause the boat's unexpected action during the turn, which is the accident alleged by the plaintiffs,"
DiClerico wrote.
American Marine also argued that Goodhue and Hawkins Marine had a policy requiring employees to wear the lanyard,
but the judge said the manufacturer failed to prove it. The best the company could offer was an employee who said he
saw others wearing the lanyards but couldn't remember who told him to do so.
2002 Geo. J. Foster Co.
http://www.citizen.com/news2002/may/01/ap0501ac.htm
05-31-2002, 01:19 PM
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Don't know anything about that incident, but my 22ZX also spun out and threw my brother from the boat. Luckily, no one was injured.
I learned from that episode and gave the boat the care, respect and TRIM it required.
I bought my boat used and it did not include the original operators manual, but I wondered if it explained anywhere that some UP trim must be maintained in a turn to prevent a spin.
I learned from that episode and gave the boat the care, respect and TRIM it required.
I bought my boat used and it did not include the original operators manual, but I wondered if it explained anywhere that some UP trim must be maintained in a turn to prevent a spin.
05-31-2002, 01:25 PM
#6
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I'm suprised to hear this about the 22ZX..Frank Civitano (Shanghied Again)had one, and I doubt anyone could run it harder (right Frank?..lol) and didn't have a problem...
Like anything else, gotta take the time to learn how things are going to work under all conditions...
my .02
Like anything else, gotta take the time to learn how things are going to work under all conditions...
my .02
05-31-2002, 03:20 PM
#7
OffshoreOnly Antagonizer
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Sounds like the judge favors the peaceful (quiet), tranquil (slow) operations of a sail boat rather than a power boat.
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05-31-2002, 03:44 PM
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Out for another Spin!!!!
Right after I spun mine last year, I found this thread on the Donzi Registry. I think there used to be a picture attached showing a 22ZX in the middle of a spin, but it didn't show up today.
Donzi 22ZX Spinout Thread
It ain't just Donzi's!!
The following story is one I heard at the Sturgeon Bay Poker Run in Wisconsin last year:
A guy trailered in with a beautiful brand new 42 Fountain to the run.
The story is that he had owned a 32 or 35 stepped hull Fountain previously. He was out one day in the 32/35 with a boat load of freinds and the boat took an unexpected and very violent spin ejecting ALL from the cockpit. The boat continued to circle, I don't know how fast or how long, until it ran aground. In the meantime ALL persons were rescued by nearby boaters. I don't know what the injuries were.
Apparently the owner hired a lawyer and threatened Fountain with a lawsuit, etc. The lawsuit was finally settled when Fountain gave him the 42 as an even trade for his old boat. I think the guy is part owner in a gravel pit in Wisconsin or Michigan. Maybe some one else has heard this story.
Believe It or Not!!!
Donzi 22ZX Spinout Thread
It ain't just Donzi's!!
The following story is one I heard at the Sturgeon Bay Poker Run in Wisconsin last year:
A guy trailered in with a beautiful brand new 42 Fountain to the run.
The story is that he had owned a 32 or 35 stepped hull Fountain previously. He was out one day in the 32/35 with a boat load of freinds and the boat took an unexpected and very violent spin ejecting ALL from the cockpit. The boat continued to circle, I don't know how fast or how long, until it ran aground. In the meantime ALL persons were rescued by nearby boaters. I don't know what the injuries were.
Apparently the owner hired a lawyer and threatened Fountain with a lawsuit, etc. The lawsuit was finally settled when Fountain gave him the 42 as an even trade for his old boat. I think the guy is part owner in a gravel pit in Wisconsin or Michigan. Maybe some one else has heard this story.
Believe It or Not!!!
05-31-2002, 03:56 PM
#9
Rough Seas Lie Ahead
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The 22zx picture in question was "Bryan Tuvell" with my brother onboard during the AOTH-I at lake Cumberland last year. Luckily there was no bay/ocean chop to lurch the boat as it spun or they too could've been thrown in some respect. The previous owner (Donziman2) also had some break loose issues with the boat and lost confidence in driving it.
The consensus amongst us friends is that the boat is too small for the step it's configured with. When in a turn if you didn't keep it trimmed high - i.e. to keep it from bow-steering - the rear would easily break free creating a whip effect. The whip effect would increase in tighter turns. Bryan's (picture in question) behaved like a jet-ski spinning out...Not a very safe configuration for the average recreational family guy....
Rick
The consensus amongst us friends is that the boat is too small for the step it's configured with. When in a turn if you didn't keep it trimmed high - i.e. to keep it from bow-steering - the rear would easily break free creating a whip effect. The whip effect would increase in tighter turns. Bryan's (picture in question) behaved like a jet-ski spinning out...Not a very safe configuration for the average recreational family guy....
Rick
