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Opening Statements Begin In Gratton Lawsuit Trial

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Old 01-15-2015 | 10:37 AM
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Originally Posted by SHARKEY-IMAGES
According to the court docs Page exited the cockpit (without outside assistance ) after trying to free Joey and he himself exhausted his own oxygen . Were divers in the tunnel when Page exited?
How do you exhaust your air in 2 mins , what type of tank did he use?
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Old 01-15-2015 | 10:42 AM
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Originally Posted by Mastercraft240
Read a little bit of the case file. When looking at this with an open mindset (boat racing aside)... if the terms of the contract were knowingly materially breached (fraud in the inducement), the contract is voidable between SBI and the plaintiff. The plaintiff nearly needs to prove there was a material breach of contract in order to get a successful judgment. I wish Smarty would put in his $0.02, curious what his thoughts are on this.
I think you meant to say "enforceable". If a contract is breached by either party the contract is still valid and enforceable, unless it was signed under duress or by a minor. If the contract is "voidable" and it's voided no lawsuit and no enforcement. A "breach of contract" even knowingly is not fraud. It's a breach, that's why the different terminologies.
However, putting this on a little different perspective it's hard for ALL of us to be objective. On one hand, I wish all the best to the Gratton family and hope they win, due to the loss of a loved one. On the other hand, this suit is a BS attempt by the attorney. If you read the "complaints' It is evident there is a grudge, pissing match going on. The family is stuck in the middle. Interesting enough, lot of other "incidents' have happened in the past with no lawsuits. NO ONE really knows what happened under water, what should have been or could have been done, and if "something else" was done there is no assurance that Joey would be alive. It's ALL speculation. I suggest we ALL stop assuming and let this event take it's course.
And just one more comment. I am a certified diver, and I know that even experienced divers will have "issues" during extreme stress. I seen it. Just because some one passes the "dunk" test in a controlled environment, no assurance that reactions or decisions under stress would be the same. We don't know (and neither does the attorneys) what happened and why. Period. let it go.

Last edited by PARADOX; 01-15-2015 at 10:52 AM.
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Old 01-15-2015 | 11:12 AM
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Originally Posted by Xtremeracing
How do you exhaust your air in 2 mins , what type of tank did he use?
Well this certainly doesn't answer my question about if the divers were in the tunnel when Page exited the escape hatch ?

Does anyone else know ???
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Old 01-15-2015 | 12:18 PM
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If they were hyperventilating or breathing fast due to the situation they could run through that air pretty fast. Or if the regulator was stuck open.
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Old 01-15-2015 | 12:29 PM
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Originally Posted by RollWithIt
If they were hyperventilating or breathing fast due to the situation they could run through that air pretty fast. Or if the regulator was stuck open.
I guess anything could of happen, but I would hope they check their gear between races I know we do especially our air. Pretty hard to blow though a full tank in a few mins.
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Old 01-15-2015 | 01:48 PM
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Originally Posted by chaser
I'm going to answer just 1 more of your STUPID post. First of all if you are going to base all your knowledge on the legal complaint. Who wrote the complaint???? The side that wrote the complaint want you to side with them. When you make a COMPLAINT you are accusing someone (SBI) of being at fault, RIGHT. Its just one side of the story. So I want you to believe every single word in that complaint. BUT that's why we are going to court to let SBIs side be herd. Also there has been several questions ask on this form that I could answer point blank. But since I am a SBI staff member I can't till after the trial. Extreme Racing has hinted around about one question being ask about Steve but he can't come right out an answer it till after the trial.
2nd ( In my "opion" SBI has nothing to be proud of if their racers are dying especially if the deaths are preventable ) 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. I guess that was Carbonell fault to.
"In my "opion" SBI has nothing to be proud of " Well buddy let me tell you In my Option of being there and KNOWING all that goes on to prepare for a race I,m DAMN proud of what we have done! Also let me tell you something else John Carbonell has put on "560" Offshore Races around the WORLD in his life time. put that in your pipe and smoke it . How many have you put on or even raced in?????
This will be my last time to address you. My daddy always told me. When you argue with somebody stupid. When its all over they are still stupid.
Just to set the record straight, Art Lilly was not in the boat when Jack Carmody (RIP) was Killed, Dan Jackson was the Throttleman. Steve Curtis was not in the boat when Stefano (RIP) was killed, Stefano was the Throttleman as well. and Charlie Haimes accident, with Randy Linebach (RIP) was during testing , not a race.
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Old 01-15-2015 | 02:03 PM
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Originally Posted by c12
Just to set the record straight, Art Lilly was not in the boat when Jack Carmody (RIP) was Killed, Dan Jackson was the Throttleman. Steve Curtis was not in the boat when Stefano (RIP) was killed, Stefano was the Throttleman as well. and Charlie Haimes accident, with Randy Linebach (RIP) was during testing , not a race.
Did those races stop? . that was the point .

The Charlie haimes incedent ( OSS opener ) happened way ouside the permisable testing area that's why rescue could not help them.. whole other story there . that one got pushed under the rug tho .
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Old 01-15-2015 | 02:11 PM
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Originally Posted by klaatutooyou
Did those races stop? . that was the point .

The Charlie haimes incedent ( OSS opener ) happened way ouside the permisable testing area that's why rescue could not help them.. whole other story there . that one got pushed under the rug tho .
Hard to make a point when you don't have the correct facts
so now that we have the correct facts about who we are talking about.

Jack Carmody (RIP) race was not stopped
I'm pretty sure the race Stefano (RIP) was killed in was stopped.
and as you said the last one was during testing.
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Old 01-15-2015 | 03:54 PM
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treme, X100, Klaat and other racers,

I posted on this thread on purpose to make a point. I would consider myself an outsider to racing and rescues, just like the jury or Joe Public reading about the case in the newspaper. By posting as an outsider to this issue I intended to get you to see how the case is being seen by others, not from your perspective which may cloud your outlook (either from race experiences, feelings about SBI or being friends with the guys that died that year). I have done threads like this in the past, though admittedly I started the thread whereas this one I chimed in early on page one, taking Matt's article and turning the thread into somewhat of a debate.

While I will never be a competitor in offshore racing as it doesn't interest me one bit you may want to consider how an outsider sees the racing even from a spectator/ town resident/ voting perspective. This case is going to make history if the judgment is in the millions and favors the plaintiffs. Everyone remembers the McDonald's coffee spill where the woman got over 1mm for spilled hot coffee right? The KW case will stick in people's memories for years, potentially making races not welcome in host cities for fear of getting sued, locals might fear the "dangerous racing" going on in their town, sponsors might not want to associate with a promoter that has had huge judgments because of safety issues. Your reactions speak volumes of how much change is going to be in your future if you continue to race because the decisions are going to be made for you, not by you. Some actual feel not stopping the race isn't crucial for safety because that is the way they always did it. Common sense, (yep from an outsider) would think that is crazy. Cops stop traffic, re-route it in a rescue/car extraction even if cars are traveling on paved roads with brakes so to consider 100 mph+ passes with wakes bouncing around, boats (with no brakes) seems insane especially considering they are racing for a trophy!!!

Look at the "likes" on this thread on my responses as well as the racers responses and you can see both sides. SBI can get out of this with the insurance company stroking the check this time but don't be surprised if things change in the future. You have already seen KW want to pull the plug on past races (through less financial support) and SBI threatened to go to another city. This case is huge for both SBI and all of its host cities.
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Old 01-15-2015 | 03:57 PM
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Originally Posted by SHARKEY-IMAGES
Well this certainly doesn't answer my question about if the divers were in the tunnel when Page exited the escape hatch ?

Does anyone else know ???
I read the 66 page complaint and didn't see where it was mentioned. Thank you for posting that link, not sure if I could have found it easily.
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