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Opening Statements Begin In Gratton Lawsuit Trial

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Old 01-16-2015 | 06:11 AM
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Originally Posted by Xtremeracing
Didnt talk to me, there you go assuming again.
I didn't say he talked to you. I was just demonstrating with the image that he was still there on the boat , hence answers your question whether or not Page was still there.
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Old 01-16-2015 | 07:22 AM
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Originally Posted by chaser
This statement proves how uneducated you are about racing. Have you ever herd of Jack Carmondy. (Carlos & Charlie's) He was killed in a APBA race in Corpus Christi Texas in an open semi canopy boat. How easy is that to get out of. Only thing he was killed instantly. .Art Lilly (the throttle man) got out with out any injury's. How Guess what APBA didn't stop the race. "Holy **** Bat Man" : Stefano Casiraghi was killed in a UIM race with Steve Curtis as throttle man. Steve got out uninjured. Guess what THEY DIDN'T Stop the race The guy that was in the boat with Charlie Himes in Biloxi, Ms. Was killed . Charlie got out uninjured . The driver died. Guess what Mr. know it all They didn't stop the race. Kevin Brown was killed in rough seas in Atlantic City. Jim Dyke was the throttle man. Jim got out uninjured. Kevin Dyed. They didn't stop the race.
As an outsider I see you pointing out all the survivors of the crashes, but what really stands out to me are all the deaths.
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Old 01-16-2015 | 07:29 AM
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As an APBA referee in Offshore Inboard and Vintage, any incident that involves having anything but raceboats on a racecourse, you RED Flag the race.
The safety of rescue personnel, towboats, and other asset on the course is #1.
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Old 01-16-2015 | 08:07 AM
  #114  
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Originally Posted by Xtremeracing
Page could probably answer that for you. Not sure if he stayed around long enough for anyone to get there from what i heard.
Frank
The best option to listen to the facts being presented in this case, is by actually watching all the proceedings and testimony, not the rumors on these forums.
It is amazing the facts being presented each day in the court room.
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Old 01-16-2015 | 08:23 AM
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Originally Posted by Saratoga Stamped
Frank
The best option to listen to the facts being presented in this case, is by actually watching all the proceedings and testimony, not the rumors on these forums.
It is amazing the facts being presented each day in the court room.
Yes wk 1 is coming to a close, I guess we will see what shakes out.
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Old 01-16-2015 | 09:35 AM
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Originally Posted by chaser
Stefano Casiraghi was killed in a UIM race with Steve Curtis as throttle man. Steve got out uninjured.
Wrong.

Steve Curtis was racing against Casiraghi.

He stopped, dived in and tried rescue his fellow racer.

Curtis was subsequently awarded for his bravery by the principality.
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Old 01-16-2015 | 10:58 AM
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Frank, I find it so distasteful that you keep throwing Steve under the bus for not drowning with his partner. In a moment of high anxiety and mass confusion its only natural to think of survival and escaping from drowning which happens to be many peoples greatest fear of a way to die. Not everyone is a cool customer under extreme conditions and natural survival instincts kick in. I have been threw many, many dunker test and have seen many other racers panic in a controlled simulated roll over. There is NO way many of them are not scrambling to get out in a real crash. I pray I am never in this situation and panic but if that happed then I sure wouldn't want people second guessing me. I would have to live the rest of my life with extreme guilt. Give the guy a break
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Old 01-16-2015 | 11:59 AM
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Originally Posted by Xtremeracing
Next we will have EMT's in court because 911 didnt respond quick enough to a fatal accident, and blame them for lose of life.
My condolences to all the family and friends involved.

I am a volunteer EMT and have seen this happen already and it is disturbing especially for someone like me who volunteers their time.

This brings up a point I have but please understand I am not implying anything or claim to know anything about this case. I have been an EMT for over 25 years, have run over 1500 calls but do not "work" as an EMT. I am in the construction industry. Does this mean I am not qualified as a "professional" medical person? Again just putting it out there because I have both been a racer and an EMT on a race medic boat. I know the risks of racing and our sport in general but I also feel there is a responsibility of a promoter to provide an appropriate arena for the racers and fans. I have been involved with NJ Performance Powerboat club for over 15 years now and at our poker run we have a medic boat run with each speed class and a helicopter with a medic/diver on board. We also require that anyone running a canopy boat must provide their own chase copter and be dunk certified. That is just for a poker run.
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Old 01-16-2015 | 01:03 PM
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Originally Posted by Smarty
MasterCraft240 wrote, " I wish Smarty would put in his $0.02, curious what his thoughts are on this."

Well, where do I begin, this is from the complaint #6,
"Defendant was a sponsor of the subject boat race
pursuant to Florida Statute 327.48 and as such was responsible for providing adequate protection
to the participants including Joey Gratton"


Next #15-17 in the complaint states,"15. At all times material, Defendants knew that enclosed canopy catamaran race boats commonly overturn during competition, and that crew members rely upon SBI personnel to
rescue them immediately if for any reason they cannot escape on their own.
16. At all times material, Defendants knew it was foreseeable that a race boat could
and would overturn in Turn 1 of the Event racecourse.
17. In fact, the "Motley Crew" race boat overturned in Turn 1 during the first race of
the Event on Wednesday, November 9'".

Chew on that for a while....ORP = ordinary reasonable person. My Torts professor in law school, Kathleen Turezyn, who was a brilliant, funny, whitty law school professor with a ton of personality drilled into my brain forever ORP, and the ordinary reasonable prudent person. I have never forgot this, was the delay in safety the proximate cause of of the death of the Mr. Gratton? But for the negligence by the race organization and rescue squad in their delay in getting to the overturned boat and race could have Mr. Gratton survived ? I don't know the answers to those questions. But my instinct and training tell me that the plaintiff's attorney's have a well-drafted complaint, but the case will be difficult to win. Testimony will drive the verdict, not my $0.02 opinion, which is worthless.

So MasterCraft what do I think ? I think that the race organization and rescue personal f*cked up, the man drowned unnecessarily. That is my factual opinion not legal opinion. Will the plaintiffs attorney's win at trial, I think they have an uphill battle. The attorneys for the plaintiff make it clear that the defendants wrongful conduct resulted in the death of Mr. Gratton and per number 4 in the complaint, "As a direct and proximate result of their misconduct, Defendants are liable to the Plaintiff ...."

I agree the plaintiffs attorney. What is the value of a man's life ? That is what it boils down to in the end, along with a change in safety procedures for future races so this tragedy can be avoided.

The link to the complaint
http://cdn2.hubspot.net/hub/442422/f...=1421195325005
Very interesting read. Thanks for taking the time to reply. You brought up some interesting points. I'm in agreement with you and everyone else that it sucks that a Mr. Gratton died, however I think it's best to let the courts decide. The fact that no other race org stops a race due to an accident is irrelevant in my opinion (2 wrongs don't make a right) and the fact that is wrong or right is also up to the courts to decide.
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Old 01-16-2015 | 01:56 PM
  #120  
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Originally Posted by TYPHOON
Frank, I find it so distasteful that you keep throwing Steve under the bus for not drowning with his partner. In a moment of high anxiety and mass confusion its only natural to think of survival and escaping from drowning which happens to be many peoples greatest fear of a way to die. Not everyone is a cool customer under extreme conditions and natural survival instincts kick in. I have been threw many, many dunker test and have seen many other racers panic in a controlled simulated roll over. There is NO way many of them are not scrambling to get out in a real crash. I pray I am never in this situation and panic but if that happed then I sure wouldn't want people second guessing me. I would have to live the rest of my life with extreme guilt. Give the guy a break
I find it very distasteful for throwing everyone else under the bus. Mike did his job the best he could in the situation and also has to live with the out come. I didnt throw Steve under the bus for not drowning i through him under the bus for not helping Joey.

No one seems to have a problem second guessing that Mike did.
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