Opening Statements Begin In Gratton Lawsuit Trial
01-14-2015, 02:08 PM
#41
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iTrader: (1)
I have no dog in this fight, but I did some racing back in the 80's. I have a few "legal" oriented questions, and I am by no means SBI or Carbonell advocate. (I will restrain my comments RE; Carbonell and SBI, it's no secret) All the respect to the Gratton family an everyone else passed in misc. incidents. However, at fault, blame and negligent issues. Not familiar with the contract that SBI provides to the racers, but in order to be legally liable, and let's face it, this is a sort of "private" endeavor and LLC, what laws were broken.? What statutes govern boat racing. I'm not questioning what should have been done, who should have done what. What was in the contract,? what was represented by SBI,? verbally which would be assurance but not contractual to the racers. Again, by no means I condone or protect SBI and things that took place. How does anyone know that something "should have happened faster" or better or by some one else? It's a tragic accident, not the first, but what laws were broken? My condolences to the families and I done the NY day Gratton run every year but this one, but these type of law suits are just BS and lawyers ego driven. I'm sure every racers knows what they getting into at the start. I would be interested to see a copy of the race contract assuring what, who, type of training etc, they are to expect. If it wasn't provided is it a breach of contract? Did SBI/Carbonell broke the law? or were they just stupid? It's a "law suit". explain the "law" part to me some one. Not want to open a can of worms and go into a debate on this, I just not sure of all this reasoning.
http://superboat.com/wp-content/uplo...buted_0002.pdf
01-14-2015, 02:10 PM
#42
OSO Content Provider
Commercial Member
If anyone cares enough to read here is the case file:
http://cdn2.hubspot.net/hub/442422/f...=1421195325005
Paradox it is on page 12 for the Release.
Now whether or not it has been produced that Joey actually signed it I have no idea.
http://cdn2.hubspot.net/hub/442422/f...=1421195325005
Paradox it is on page 12 for the Release.
Now whether or not it has been produced that Joey actually signed it I have no idea.
Last edited by SHARKEY-IMAGES; 01-14-2015 at 02:33 PM.
01-14-2015, 02:25 PM
#43
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1. Not stopping the race while a guy is drowning seems wrong.......there isn't a trophy in the world worth someone's life
2. Chopper dropped diver would have been there in seconds, how long for a boat to arrive to drop diver?
While no money in the world will bring Gratton back, it sends a message to the organizers that safety is worth more than profits.....[/QUOTE]
I would have to agree with you...
2. Chopper dropped diver would have been there in seconds, how long for a boat to arrive to drop diver?
While no money in the world will bring Gratton back, it sends a message to the organizers that safety is worth more than profits.....[/QUOTE]
I would have to agree with you...
Last edited by SHOWTIME 442; 01-14-2015 at 02:28 PM.
01-14-2015, 02:35 PM
#44
As far as what makes a rescue diver qualified? Not sure but I'm sure it starts with rigorous training.
This looks like a good start:
The Coast Guard Helicopter Rescue Swimmer (RS) Program, established after the renowned MARINE ELECTRIC incident of 1983 (USCG Historian's article) has evolved tremendously through its history. The program began as a high seas rescue initiative to recover incapacitated persons from the open ocean in a heavy seas environment. Procedures and skill sets originally adopted from the U.S. Navy have been updated and incorporated into today’s program to meet the ever changing operational climate and environmental conditions that the CG encounters daily. These changes routinely require a RS to operate and perform rescues utilizing a variety of techniques and equipment while adapting to many hazardous environments. These environments change based on the Air Station’s geographical location and Area of Responsibility, thus continuous training and standardization are paramount ensuring RS’s are capable to meet the mission of the CG RS program.
Comprised of enlisted men and women from the Aviation Survival Technician “AST” rating, RS’s complete the initial 18-week training course at Aviation Technical Training Center in Elizabeth City, NC. The school’s primary responsibility is to ensure that graduating RS’s have the flexibility, strength, endurance, and equipment knowledge to function for 30 minutes in heavy seas. Upon graduation RS’s are required to complete Coast Guard EMT School located at Technical Training Center Petaluma, CA and successfully pass the National Registry EMT exam enabling them to provide basic pre-hospital life support for the rescued individual(s).
http://www.uscg.mil/hq/cg7/cg711/ast.asp
01-14-2015, 02:46 PM
#45
Registered
Thank you. I read all the documents. I am NO lawyer, but I review and write contracts all the time. (Construction and OSHA related, but the principles are similar)
Reading the "complaint", the "plaintiff" has no case. Besides errors and poor "improvable" or defendable verbiage all it is an attorney ego at works. I AM truly sorry for the family and the loss they suffered, Excuse my comments or at least understand. Not protecting SBI/Carbonell, but there is no jury can figure out what is an "Adequate" safeguards if it is not in black and white or a legal statute or law to follow. OK, JC is an *******. I said that before, but that's not the issue. DID HE/SBI broke any law? I don't see any law that governs to be broken. I can see how this will go. Settlement out of court. The lawyers will make out, and the family (I'm sure they bitter, and I understand) may get 'some" satisfaction. At the end of the day, it will hurt everyone, or all of us. All the $ spent on attorneys and their BMW's should be or could be used for a better purpose. Just my .02
FYI.
327.48 Regattas Races Marine Parades Tournaments Or Exhibitions
327.48 Regattas, races, marine parades, tournaments, or exhibitions. Any person directing the holding of a regatta, tournament, or marine parade or exhibition shall secure a permit from the Coast Guard when such event is held in navigable waters of the United States. A person directing any such affair in any county shall notify the sheriff of the county or the Fish and Wildlife Conservation Commission at least 15 days prior to any event in order that appropriate arrangements for safety and navigation may be assured. Any person or organization sponsoring a regatta or boat race, marine parade, tournament, or exhibition shall be responsible for providing adequate protection to the participants, spectators, and other users of the water.
History. s. 6, ch. 59-400; s. 10, ch. 63-105; s. 1, ch. 65-361; ss. 25, 35, ch. 69-106; s. 6, ch. 74-327; s. 29, ch. 99-245.
Note. Former s. 371.55.
Reading the "complaint", the "plaintiff" has no case. Besides errors and poor "improvable" or defendable verbiage all it is an attorney ego at works. I AM truly sorry for the family and the loss they suffered, Excuse my comments or at least understand. Not protecting SBI/Carbonell, but there is no jury can figure out what is an "Adequate" safeguards if it is not in black and white or a legal statute or law to follow. OK, JC is an *******. I said that before, but that's not the issue. DID HE/SBI broke any law? I don't see any law that governs to be broken. I can see how this will go. Settlement out of court. The lawyers will make out, and the family (I'm sure they bitter, and I understand) may get 'some" satisfaction. At the end of the day, it will hurt everyone, or all of us. All the $ spent on attorneys and their BMW's should be or could be used for a better purpose. Just my .02
FYI.
327.48 Regattas Races Marine Parades Tournaments Or Exhibitions
327.48 Regattas, races, marine parades, tournaments, or exhibitions. Any person directing the holding of a regatta, tournament, or marine parade or exhibition shall secure a permit from the Coast Guard when such event is held in navigable waters of the United States. A person directing any such affair in any county shall notify the sheriff of the county or the Fish and Wildlife Conservation Commission at least 15 days prior to any event in order that appropriate arrangements for safety and navigation may be assured. Any person or organization sponsoring a regatta or boat race, marine parade, tournament, or exhibition shall be responsible for providing adequate protection to the participants, spectators, and other users of the water.
History. s. 6, ch. 59-400; s. 10, ch. 63-105; s. 1, ch. 65-361; ss. 25, 35, ch. 69-106; s. 6, ch. 74-327; s. 29, ch. 99-245.
Note. Former s. 371.55.
01-14-2015, 03:21 PM
#49
You know for a fact that Mike has NO type of training?
Think about that before you answer, and make sure u have your facts straight. Sure you wouldnt want to slander someone that you dont know or truly know NOTHING about the case in a public form....be best to say its your opinion.
Think about that before you answer, and make sure u have your facts straight. Sure you wouldnt want to slander someone that you dont know or truly know NOTHING about the case in a public form....be best to say its your opinion.
01-14-2015, 03:42 PM
#50
Registered
I have no dog in this fight, but I did some racing back in the 80's. I have a few "legal" oriented questions, and I am by no means SBI or Carbonell advocate. (I will restrain my comments RE; Carbonell and SBI, it's no secret) All the respect to the Gratton family an everyone else passed in misc. incidents. However, at fault, blame and negligent issues. Not familiar with the contract that SBI provides to the racers, but in order to be legally liable, and let's face it, this is a sort of "private" endeavor and LLC, what laws were broken.? What statutes govern boat racing. I'm not questioning what should have been done, who should have done what. What was in the contract,? what was represented by SBI,? verbally which would be assurance but not contractual to the racers. Again, by no means I condone or protect SBI and things that took place. How does anyone know that something "should have happened faster" or better or by some one else? It's a tragic accident, not the first, but what laws were broken? My condolences to the families and I done the NY day Gratton run every year but this one, but these type of law suits are just BS and lawyers ego driven. I'm sure every racers knows what they getting into at the start. I would be interested to see a copy of the race contract assuring what, who, type of training etc, they are to expect. If it wasn't provided is it a breach of contract? Did SBI/Carbonell broke the law? or were they just stupid? It's a "law suit". explain the "law" part to me some one. Not want to open a can of worms and go into a debate on this, I just not sure of all this reasoning.
