Gratton Family to File Wrongful Death Lawsuit Against Super Boat International
12-15-2011, 07:20 PM
#262
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As one of the two guys that put on Smoke On The Water and were included in the lawsuit after the death of two men at our event in 2005 I feel i have a bit more insight in order to comment on this.
First off it is Interesting that so many did not see this one coming, ( a lawsuit after the accident) and did not see it coming from the aforementioned (oh oh I used a lawyer word) attorney. I was told by the marine patrol here that when we had the two deaths during Smoke On The Water that Mr. Alwise had called local authorities immediately to enquire into the accident. This was told to me by one of the detectives he had talked to soon after. Ultimately we were sucked into the almost 10 million dollar lawsuit by a different attorney but the lessons are the same.
Accidents = Lawyers swirling around to feed off the pain of the family's, suits are about money not about change, helpful change is not coming from the attorneys and the victims after an accident.
Waivers are worth NOTHING when it comes to lawsuits. We had everyone sign waivers that had paid to run in the SOPTW event yet it did not stop us from being included in the lawsuit. One of the two guys that perished in our event, had participated in SOTW two years in a row in his friends Outer Limits and owned his own 28 Donzi (he was a passenger in a different OL when it rolled over and he died) He knew the risks and yet the family was up in arms when he died. I asked the attorneys more than once who was going to hold the family responsible for letting their loved ones go to an event of this type they should be held accountable for letting their loved ones participate if they are not going to live with the ramifications. (sounds cold but true) Waivers were useless and ignored by suing attorneys. You must pay to defend yourself regardless if you have already paid to protect yourself.
Lawsuits of this type are not about bringing change, they are about bringing wealth. If it was about change, the suit would be totally about having verbiage written to protect people in the future not about monetary solutions and the lawyer would sue free of charge.
Most of these suits are not about an "awarded verdict" they are about "Settlements" As I sat through mediation and through depositions for the accident at SOTW it became evident that we were never going to trial that all parties involved were going to come up with a settlement and we never saw the doors of a courtroom (in the end the families received Millions in SETTLEMENT money)
We as promoters are going to have to work together to make changes at our events. The family's that received MILLIONS from our event, and the attorneys that I assume received a ton of money. Have never returned to offshore boating to help better it . They got their cash and disappeared.
This all comes down to integrity and morals in my opinion. When Kevin Sellers died at a Cumberland poker run a year or so after helping us pull out one of the bodies at SOTW, his family did NOT SUE, as they were fully aware that Kevin had passed away doing what he loved and that it was Kevin's choice to participate in the event. the deaths at SOTW and at Cumberland as well as the event that caused the death of Myra Gibson and 5 others (Flash Gordon Boat) . Has helped to make some changes but change came from promoters working together NOT LAWYERS and suing family's
Do not misunderstand, I think that the safety procedures need to be looked at and modified so this never happens again but MONETARY Lawsuits does not fix the problem. Lessons learned does help us to be better prepared and to make change for the better
I have much more to respond on this but it early morning and I have work to get done i will add more later on. Now off to a meeting
First off it is Interesting that so many did not see this one coming, ( a lawsuit after the accident) and did not see it coming from the aforementioned (oh oh I used a lawyer word) attorney. I was told by the marine patrol here that when we had the two deaths during Smoke On The Water that Mr. Alwise had called local authorities immediately to enquire into the accident. This was told to me by one of the detectives he had talked to soon after. Ultimately we were sucked into the almost 10 million dollar lawsuit by a different attorney but the lessons are the same.
Accidents = Lawyers swirling around to feed off the pain of the family's, suits are about money not about change, helpful change is not coming from the attorneys and the victims after an accident.
Waivers are worth NOTHING when it comes to lawsuits. We had everyone sign waivers that had paid to run in the SOPTW event yet it did not stop us from being included in the lawsuit. One of the two guys that perished in our event, had participated in SOTW two years in a row in his friends Outer Limits and owned his own 28 Donzi (he was a passenger in a different OL when it rolled over and he died) He knew the risks and yet the family was up in arms when he died. I asked the attorneys more than once who was going to hold the family responsible for letting their loved ones go to an event of this type they should be held accountable for letting their loved ones participate if they are not going to live with the ramifications. (sounds cold but true) Waivers were useless and ignored by suing attorneys. You must pay to defend yourself regardless if you have already paid to protect yourself.
Lawsuits of this type are not about bringing change, they are about bringing wealth. If it was about change, the suit would be totally about having verbiage written to protect people in the future not about monetary solutions and the lawyer would sue free of charge.
Most of these suits are not about an "awarded verdict" they are about "Settlements" As I sat through mediation and through depositions for the accident at SOTW it became evident that we were never going to trial that all parties involved were going to come up with a settlement and we never saw the doors of a courtroom (in the end the families received Millions in SETTLEMENT money)
We as promoters are going to have to work together to make changes at our events. The family's that received MILLIONS from our event, and the attorneys that I assume received a ton of money. Have never returned to offshore boating to help better it . They got their cash and disappeared.
This all comes down to integrity and morals in my opinion. When Kevin Sellers died at a Cumberland poker run a year or so after helping us pull out one of the bodies at SOTW, his family did NOT SUE, as they were fully aware that Kevin had passed away doing what he loved and that it was Kevin's choice to participate in the event. the deaths at SOTW and at Cumberland as well as the event that caused the death of Myra Gibson and 5 others (Flash Gordon Boat) . Has helped to make some changes but change came from promoters working together NOT LAWYERS and suing family's
Do not misunderstand, I think that the safety procedures need to be looked at and modified so this never happens again but MONETARY Lawsuits does not fix the problem. Lessons learned does help us to be better prepared and to make change for the better
I have much more to respond on this but it early morning and I have work to get done i will add more later on. Now off to a meeting
Everything in this world is about money for one self. And everyone on OSO has choose money over morals at some point in their life.
Yes saftey needs to be looked at but the lawsuit will not bring any truth to the matter, only more lies.
12-15-2011, 07:49 PM
#263
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No, those at fault should be put in jail in that situation, not be sued for millions that the rest of us will pay with our insurance premiums. And why in the hell is someone who organizes any event, especially one that isnt for profit as is the case for most poker runs I know of, be liable for the actions of individuals who CHOOSE to participate? What happened to our county for crying out loud, aren't we all supposed to be responsible for our own actions? This mindset will be the death of us, I truly believe. What happened to personal responsibility and integrety, I swear most people these days are like overgrown children, always blaming someone else for their own choices and actions. I know that isnt the situation being discussed here, just adressing the post above. Oh, and if no one can organize a run because as you say, they shouldnt put themselves in jeopardy, that is good for our sport? It will be a sad day when we can't partake in any sport or event for fear of a lawsuit.
12-15-2011, 08:22 PM
#264
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Look, it was posted, that a so called rescue diver went down without a friggin dive Knife for craps sake!! and THEN did not administer lifesaving air, if that was the CASE ? I will say this, you would NOT want me on that jury, Look doing everything you humanly can is one thing, but the chain of events here is QUITE another matter Entirely, This is coming from a person, me, who told their kids and wife if I ever get pulled out dead NO ONE had a gun to my head, Now in closing it is NONE of our damn business how much money that guys family gets.
12-15-2011, 09:44 PM
#265
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I hope that this is not the case. Finding out the truth about what happened is the most valuable potential outcome.
__________________
Retired! Boating full-time now.
Retired! Boating full-time now.
12-15-2011, 10:02 PM
#266
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As one of the two guys that put on Smoke On The Water and were included in the lawsuit after the death of two men at our event in 2005 I feel i have a bit more insight in order to comment on this.
First off it is Interesting that so many did not see this one coming, ( a lawsuit after the accident) and did not see it coming from the aforementioned (oh oh I used a lawyer word) attorney. I was told by the marine patrol here that when we had the two deaths during Smoke On The Water that Mr. Alwise had called local authorities immediately to enquire into the accident. This was told to me by one of the detectives he had talked to soon after. Ultimately we were sucked into the almost 10 million dollar lawsuit by a different attorney but the lessons are the same.
Accidents = Lawyers swirling around to feed off the pain of the family's, suits are about money not about change, helpful change is not coming from the attorneys and the victims after an accident.
Waivers are worth NOTHING when it comes to lawsuits. We had everyone sign waivers that had paid to run in the SOPTW event yet it did not stop us from being included in the lawsuit. One of the two guys that perished in our event, had participated in SOTW two years in a row in his friends Outer Limits and owned his own 28 Donzi (he was a passenger in a different OL when it rolled over and he died) He knew the risks and yet the family was up in arms when he died. I asked the attorneys more than once who was going to hold the family responsible for letting their loved ones go to an event of this type they should be held accountable for letting their loved ones participate if they are not going to live with the ramifications. (sounds cold but true) Waivers were useless and ignored by suing attorneys. You must pay to defend yourself regardless if you have already paid to protect yourself.
Lawsuits of this type are not about bringing change, they are about bringing wealth. If it was about change, the suit would be totally about having verbiage written to protect people in the future not about monetary solutions and the lawyer would sue free of charge.
Most of these suits are not about an "awarded verdict" they are about "Settlements" As I sat through mediation and through depositions for the accident at SOTW it became evident that we were never going to trial that all parties involved were going to come up with a settlement and we never saw the doors of a courtroom (in the end the families received Millions in SETTLEMENT money)
We as promoters are going to have to work together to make changes at our events. The family's that received MILLIONS from our event, and the attorneys that I assume received a ton of money. Have never returned to offshore boating to help better it . They got their cash and disappeared.
This all comes down to integrity and morals in my opinion. When Kevin Sellers died at a Cumberland poker run a year or so after helping us pull out one of the bodies at SOTW, his family did NOT SUE, as they were fully aware that Kevin had passed away doing what he loved and that it was Kevin's choice to participate in the event. the deaths at SOTW and at Cumberland as well as the event that caused the death of Myra Gibson and 5 others (Flash Gordon Boat) . Has helped to make some changes but change came from promoters working together NOT LAWYERS and suing family's
Do not misunderstand, I think that the safety procedures need to be looked at and modified so this never happens again but MONETARY Lawsuits does not fix the problem. Lessons learned does help us to be better prepared and to make change for the better
I have much more to respond on this but it early morning and I have work to get done i will add more later on. Now off to a meeting
First off it is Interesting that so many did not see this one coming, ( a lawsuit after the accident) and did not see it coming from the aforementioned (oh oh I used a lawyer word) attorney. I was told by the marine patrol here that when we had the two deaths during Smoke On The Water that Mr. Alwise had called local authorities immediately to enquire into the accident. This was told to me by one of the detectives he had talked to soon after. Ultimately we were sucked into the almost 10 million dollar lawsuit by a different attorney but the lessons are the same.
Accidents = Lawyers swirling around to feed off the pain of the family's, suits are about money not about change, helpful change is not coming from the attorneys and the victims after an accident.
Waivers are worth NOTHING when it comes to lawsuits. We had everyone sign waivers that had paid to run in the SOPTW event yet it did not stop us from being included in the lawsuit. One of the two guys that perished in our event, had participated in SOTW two years in a row in his friends Outer Limits and owned his own 28 Donzi (he was a passenger in a different OL when it rolled over and he died) He knew the risks and yet the family was up in arms when he died. I asked the attorneys more than once who was going to hold the family responsible for letting their loved ones go to an event of this type they should be held accountable for letting their loved ones participate if they are not going to live with the ramifications. (sounds cold but true) Waivers were useless and ignored by suing attorneys. You must pay to defend yourself regardless if you have already paid to protect yourself.
Lawsuits of this type are not about bringing change, they are about bringing wealth. If it was about change, the suit would be totally about having verbiage written to protect people in the future not about monetary solutions and the lawyer would sue free of charge.
Most of these suits are not about an "awarded verdict" they are about "Settlements" As I sat through mediation and through depositions for the accident at SOTW it became evident that we were never going to trial that all parties involved were going to come up with a settlement and we never saw the doors of a courtroom (in the end the families received Millions in SETTLEMENT money)
We as promoters are going to have to work together to make changes at our events. The family's that received MILLIONS from our event, and the attorneys that I assume received a ton of money. Have never returned to offshore boating to help better it . They got their cash and disappeared.
This all comes down to integrity and morals in my opinion. When Kevin Sellers died at a Cumberland poker run a year or so after helping us pull out one of the bodies at SOTW, his family did NOT SUE, as they were fully aware that Kevin had passed away doing what he loved and that it was Kevin's choice to participate in the event. the deaths at SOTW and at Cumberland as well as the event that caused the death of Myra Gibson and 5 others (Flash Gordon Boat) . Has helped to make some changes but change came from promoters working together NOT LAWYERS and suing family's
Do not misunderstand, I think that the safety procedures need to be looked at and modified so this never happens again but MONETARY Lawsuits does not fix the problem. Lessons learned does help us to be better prepared and to make change for the better
I have much more to respond on this but it early morning and I have work to get done i will add more later on. Now off to a meeting
.
12-15-2011, 10:39 PM
#267
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Lawsuit
This is crap. Anybody heard of personal responsibilty ? Why did these guy not have Oxygen on board? Capsul boat with no Oxygen. Why no escape hatch out the bottom. These are steps that could have been taken by them to reduce the possibility of death. This was a racing accident and there should not be a lawsuit. Maybe the witness's should sue the family for the trauma they where put through watching this. This kind of lawsuit just makes it harder for a first responder or second responder to do anything at a future accident in fear of getting sued. Same thing goes for a race promoter and without that you have no races. The lawsuit says there is no reason for the driver's death? What about the #1 reason - the accident read again accident and a racing accidnet at that. #2 Not enough safety equipment.
I feel for the family and friends and hope they can somewhat get through their loss.
I feel for the family and friends and hope they can somewhat get through their loss.
12-15-2011, 10:47 PM
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The attorney says he suffered no injuries so he nust have been fine to take in air. Of course the attorney knows what he is talking about and he is right?
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12-15-2011, 11:17 PM
#270
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I do not know the families motive for a suit. Our litigious society has somehow found away to always find someone else to blame, and once they have located the person, persons, group, organization, or more importantly the insurance company that is attached to those involved, they latch on and start sucking the money and life out of all those even remotely involved. They do not do this on their own, it is usually at the behest of a Lawyers phone call.
When we had the two men die at SOTW the lawyers were standing in line to sue and I heard they were calling law enforcement for information and the families to get them to sign up with there firm within the first day of the accident. No one was calling me wanting to represent me because I was being wrongfully sued. WE had plenty of attorneys that wanted to represent us (as soon as we provided a retainer) I will not back away from this stance. It is the money sucking legal system and attorneys that makes this stuff sadder than it already is, and outside of REAL damages people should not get paid for something they have no idea would continue financially if the person was alive. Again, pain and suffering is a crock!!! dreamt up by the legal system to increase damage payouts Life is pain and suffering and there are NO GAURENTEES (again my opinion)
I mean no disrespect to the Gratton family, (Or Bob Morgan and JT's family) and I feel for them for their loss, but I do think it lessens the importance of a person's life if in the event of their demise their value is relegated to a monetary number
Smarty I would love to hear your opinion on why the family should get money. Please educate me so I can have balanced input and be better informed (I am serious about this)
When we had the two men die at SOTW the lawyers were standing in line to sue and I heard they were calling law enforcement for information and the families to get them to sign up with there firm within the first day of the accident. No one was calling me wanting to represent me because I was being wrongfully sued. WE had plenty of attorneys that wanted to represent us (as soon as we provided a retainer) I will not back away from this stance. It is the money sucking legal system and attorneys that makes this stuff sadder than it already is, and outside of REAL damages people should not get paid for something they have no idea would continue financially if the person was alive. Again, pain and suffering is a crock!!! dreamt up by the legal system to increase damage payouts Life is pain and suffering and there are NO GAURENTEES (again my opinion)
I mean no disrespect to the Gratton family, (Or Bob Morgan and JT's family) and I feel for them for their loss, but I do think it lessens the importance of a person's life if in the event of their demise their value is relegated to a monetary number
Smarty I would love to hear your opinion on why the family should get money. Please educate me so I can have balanced input and be better informed (I am serious about this)
