Gratton Family to File Wrongful Death Lawsuit Against Super Boat International
12-16-2011, 05:17 AM
#261
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And therein lies the problem!!! IT SHOULD BE OUR BUSINESS It is why insurance rates are so high, it is the reason we have such high price of goods, it is why doctors practice defensive medicine, it is why people no longer take responsibility for their own actions , and it is the reason that lawsuits have become a much better lottery then actually paying for a lottery ticket
Last edited by boatme; 12-16-2011 at 05:43 AM.
12-16-2011, 05:41 AM
#262
Registered
boatme,im not sure i understand what you are saying,lets just make up a scenareo,and please dont take this wrong,but what if you and your wife went out to dinner,and on your way home,you were in a car accident,that was not your fault,and both you and your wife have injures,and taken by ambuilance to the hospital.your wife has broken legs,and is unconcious,the ambuilance crew follows all standard operating procedures,and delivers her to emergency room,the er doctor examines your wife,and deems it necessart that she have surgery to repair the damage from the accident,within 30 minutes of arriving to hospital,she is in the operating room wating for the surgeon to do his job,and he reads the wrong chart before entering the operating room,now he removes her gallbladder,and she dies of complications.are you saying you would not contact a money sucking lawyer?do you think if you got a lawyer,and recieved a settlement of 5 million dollars,doctors would all quit practicing,your answer might help me understand your way of thinking.
There is no guarantee she would not have died in her sleep at home two nights later if we had we not had the accident that you referenced.
My ex wife is a nurse and I have seen what it takes to make everything perfect (they chart more than they nurse) but we are still humans and as such we are NOT INFALLABE but we think as a country that every time an accident happens, that money in our pocket is the answer and will fix it all, not solutions and better procedures. I would become an advocate for more procedural checks and balances not and advocate for a big payday to balance my check book
I would hope that the life insurance I had on her would help in the future to offset the loss of her income (this is my responsible solution ahead of time) I would expect the hospital that made the mistake to pay for all real costs associated with her death. IE time in hospital. doctors bills. and maybe even the burial, no more.
12-16-2011, 06:16 AM
#264
OSO Content Provider
Commercial Member
Why have insurance ?
Eliminate the insurance companies!
That takes the award factor out of the equation.
If there is negligence then let them serve time in prison.
Which do you think anyone would prefer ?
The insurance companies are there for a reason.
If they have to pay out then so be it.
It is up to the people that are awarded to make the decision on what to do with the award.
People are already assuming they will have a windfall and already want to tell someone what they should do with it ?
Let's not forget there were lives lost here...
Let's not forget what the family has already and is going through but what they will be going through for the years to come during this lawsuit.
And if negligence is to be found , yes they deserve whatever is awarded and have the right to do what they want with it.
Some people here don't seem to want to give them the benefit of the doubt that they would donate a portion of it for better safety ?
Eliminate the insurance companies!
That takes the award factor out of the equation.
If there is negligence then let them serve time in prison.
Which do you think anyone would prefer ?
The insurance companies are there for a reason.
If they have to pay out then so be it.
It is up to the people that are awarded to make the decision on what to do with the award.
People are already assuming they will have a windfall and already want to tell someone what they should do with it ?
Let's not forget there were lives lost here...
Let's not forget what the family has already and is going through but what they will be going through for the years to come during this lawsuit.
And if negligence is to be found , yes they deserve whatever is awarded and have the right to do what they want with it.
Some people here don't seem to want to give them the benefit of the doubt that they would donate a portion of it for better safety ?
12-16-2011, 06:54 AM
#265
Registered
The problem is there are families on both sides of the lawsuit that will be effected. Having talked with Mark "boatme" thru the course of what happened to him I understand why he feels the way he does. One idiot in a toofast boat ruined everything SOTW had worked for. The long arm of a lawsuit reaches out for anything and anybody it can latch on to. It may not be fair but it is what it is. And it will never change.
12-16-2011, 07:57 AM
#266
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Join Date: May 2010
Location: LeClaire Ia
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Its a shame how the system works. Anyone whom puts themself in a life or dealth situation, be it power sports to bull riding should be liable for their own actions. They should insure themselves properly to care for their families in case of dealth. Sports that have proven to have fatalities, even with rescue plans and attempts that have failed, do not need to be in a court room unless other parties were harmed. A personal choice was made.
12-16-2011, 08:29 AM
#267
Registered
Just an observation, and this is very general and I want to make it clear... It has nothing to do with this lawsuit (yet)
Money changes people... Different people, though have the best intentions when it starts, get the all mighty $$$ and things change. It rips people/family's apart, creates feuds, and once in a great while actually does do some good. It just depends who the players are.
Money changes people... Different people, though have the best intentions when it starts, get the all mighty $$$ and things change. It rips people/family's apart, creates feuds, and once in a great while actually does do some good. It just depends who the players are.
12-16-2011, 08:29 AM
#268
VIP Member
VIP Member
Thank you for your response I appreciate you providing me your view
Who can recover?
For purposes of determining whether parent or child can maintain an action under the Wrongful Death Act, a "family relation" exists between parent and child when the child receives from parent services, maintenance or gifts with such reasonable frequency as to lead to expectation of future enjoyment of these services, maintenance or gifts.
[U]
This section that you have quoted is most bothersome to me This verbiage was used in our suit and I argued it with a couple of attorneys at the mediation review I know it is legal boiler plate BS but My argument was that there was no guarantee that the husbands job would not have diminished or disappeared and that he may have not been married to his wife down the road with divorces being 50% possible. So at the time of the demise of the individual and the subsequent award of millions of dollars the family now has been guaranteed something they would not have been guaranteed if their loved one was still around
I understand the need to get answers, and if something is deemed negligent that it needs to be investigated, but Smarty and I will have to agree to disagree as I still think it is wrong to go after money as I do not believe it gives a family peace of mind it just seems to give them a guaranteed piece of the pie
I have received PM's and mail from people that tell me to back off of this, as it is different from the lawsuit I was involved in, but I disagree. As a past co promoter of both poker runs and offshore powerboat racing I believe I have the appropriate knowledge base to argue this point (especially since I was involved in a multimillion dollar lawsuit after two people died in one of our events) and to anyone who thinks it does not become about money I repeat what i said before. Lets see the attorney and the family donate all the monetary gains to better the situation that they are suing for, then I will believe it is not about the money You sit through one of these lawsuits and you will see nothing but greed and loss of focus on what was ultimately a very tragic event.
Again to Smarty --Thank you for your input To that Graton family Bob Morgan and JT's family my sincere condolences
To those that have written me I appreciate your opinion, and I will continue to voice mine.
This is a forum, and I believe it exists to have discussions on such issues. I have stated my position and will continue to defend it as I believe one of the largest scourges on this earth Is the ability to claim monetary wealth from and accident, weather a death results or just a broken arm.
Real damages yes! Loss of income, companionship, future maintenance , ect... is just (in my opinion) WRONG .
Who can recover?
For purposes of determining whether parent or child can maintain an action under the Wrongful Death Act, a "family relation" exists between parent and child when the child receives from parent services, maintenance or gifts with such reasonable frequency as to lead to expectation of future enjoyment of these services, maintenance or gifts.
[U]
This section that you have quoted is most bothersome to me This verbiage was used in our suit and I argued it with a couple of attorneys at the mediation review I know it is legal boiler plate BS but My argument was that there was no guarantee that the husbands job would not have diminished or disappeared and that he may have not been married to his wife down the road with divorces being 50% possible. So at the time of the demise of the individual and the subsequent award of millions of dollars the family now has been guaranteed something they would not have been guaranteed if their loved one was still around
I understand the need to get answers, and if something is deemed negligent that it needs to be investigated, but Smarty and I will have to agree to disagree as I still think it is wrong to go after money as I do not believe it gives a family peace of mind it just seems to give them a guaranteed piece of the pie
I have received PM's and mail from people that tell me to back off of this, as it is different from the lawsuit I was involved in, but I disagree. As a past co promoter of both poker runs and offshore powerboat racing I believe I have the appropriate knowledge base to argue this point (especially since I was involved in a multimillion dollar lawsuit after two people died in one of our events) and to anyone who thinks it does not become about money I repeat what i said before. Lets see the attorney and the family donate all the monetary gains to better the situation that they are suing for, then I will believe it is not about the money You sit through one of these lawsuits and you will see nothing but greed and loss of focus on what was ultimately a very tragic event.
Again to Smarty --Thank you for your input To that Graton family Bob Morgan and JT's family my sincere condolences
To those that have written me I appreciate your opinion, and I will continue to voice mine.
This is a forum, and I believe it exists to have discussions on such issues. I have stated my position and will continue to defend it as I believe one of the largest scourges on this earth Is the ability to claim monetary wealth from and accident, weather a death results or just a broken arm.
Real damages yes! Loss of income, companionship, future maintenance , ect... is just (in my opinion) WRONG .
Stephen
12-16-2011, 08:46 AM
#269
Registered
You asked, and I tried my best to answer. Thank you for being cordial, and as you stated, you have your opinion/position on this topic, and I have mine, but I do thank you for the respectful dialog to disagree. Sometimes on OSO in the threads things get heated, people call one another demeaning-names and such when the two parties (or more) cannot agree on a topic of discussion, but you took the high-road with me, and for that, thank you.
Stephen
Stephen
Education is the only way we learn how to work better at things and I for one would like to spur as much discussion so I can learn and so can others
I respect your information (and all you schooling)
I do not have to agree but I feel I better have an open mind as well should many who have an opinion
My hope is that those involved if they actually are negligent will be prosecuted criminally that way they will be removed from the situation they caused permanently not just be spanked by the money they (or their insurance) has to pay out
Thanks again for your response and taking time to provide your information from an uninvolved (in this case anyway) legal bystander
Marc
12-16-2011, 10:12 AM
#270
If he was knocked unconscious he would've breathed in water immediately and drowned. No disrespect for sure to Joey or his family, but nobody will know exactly the point this happened. No matter how much investigating is done. I agree with a previous post I doubt I could hold my breath for 2 minutes anymore let alone 3.5-6 minutes, but if unconscious you'll breath and that will result in drowning.
R.I.P Joey
R.I.P Joey
