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jeffbare
01-24-2012, 11:58 AM
Woman struck by propeller on Lake Norman sues boat operator, renter

Deondra Scott was seriously injured by a propeller at Lake Norman event in June.
By Gary L. Wright
gwright@charlotteobserver.com

A Charlotte woman who lost one of her arms and her breasts after being struck by a boat propeller on Lake Norman last June has sued the boat operator.

Deondra Scott - who also is suing the boat manufacturer and the person who rented out the boat - claims she was struck twice by a propeller after she'd jumped into the water at the Lake Bash on Lake Norman.

Scott alleges that Dennis F. Allen, the boat's operator, had never operated a motorboat before the accident and did not have the skill to handle a motorboat in a public area, especially during one of the most crowded events on Lake Norman.

Scott, 25, claims that she was injured while Allen was maneuvering the motorboat in an attempt to tie it to another boat and participate in the Lake Bash. Allen had rented the motorboat to go to the Lake Bash with a group of friends, including Scott, according to the lawsuit.

The lawsuit alleges that a few of Allen's passengers, including Scott, had jumped into the water while Allen was trying to tie up the boat.

The lawsuit alleges that Allen, because of his inexperience, lack of training and inability to see people in the water, failed to turn off the engine and continued to try to tie up with another boat.

"As (Scott) was swimming towards the ladder attached to the stern of the boat so that she could board the swim platform, Ms. Jennifer Pagliaro (a passenger in the boat), along with other people in the area, screamed at defendant Allen to cut (immediately turn off) the engine," the lawsuit says.

Allen "panicked" and "slammed" the throttle into a reverse gear, striking Scott with the boat's propeller, the lawsuit alleges. Scott claims Allen then put the boat into a forward gear, causing the propeller to strike her again.

Scott alleges in the lawsuit that she suffered severe injuries, including lacerations to her right arm and breasts. The arm and breasts have been amputated, she says. She claims she also suffered serious lacerations to both legs, a punctured lung and a severed sternum.
Scott alleges that as a result of Allen's "reckless and negligent actions," she has suffered damages - "medical bills, lost wages, permanent injury, scarring, loss of limb, loss of other essential body parts, pain and suffering in excess of ten thousand dollars." She says she also has "suffered extreme emotional and psychological problems."

Allen, 30, was charged with operating a boat in a reckless manner. The misdemeanor charge is pending.

Scott also has sued David D. Orzolek and Chaparral Boats Inc. Orzolek rented the motorboat to Allen and Chaparral Boats designed, manufactured and marketed the boat, according to the lawsuit.

The lawsuit alleges that Orzolek was aware or should have been aware that Allen had never operated a motorboat and knew or should have known the danger Allen posed to the public.
Orzolek "erroneously entrusted, poorly supervised and inadequately trained defendant Allen, subjecting (Scott) to great risk," the lawsuit alleges.

Scott claims that Chaparral Boats sold the motorboat to the public despite its unsafe design for a 14-passenger boat. She claims that seven passengers are necessarily seated behind the operator, potentially obstructing his or her vision.

The boat's swim platform and ladder, the lawsuit alleges, are only a few feet from the boat's propeller.

Allen and Orzolek could not be reached for comment Monday.
Bob Ellis, a customer service specialist with Chaparral Boats in Nashville, Ga., said the company's lawyers are investigating the incident. "We were not aware this had occurred until we got the lawsuit," Ellis said.

Read more here: http://www.charlotteobserver.com/2012/01/24/2953441/woman-sues-boat-operator-renter.html#storylink=cpy

shepherd
01-24-2012, 12:02 PM
Chapparal should have known that back seats are dangerous.

Quinten
01-24-2012, 12:03 PM
Why are you americans always blame the manufacture????
People need to learn operating a boat before playingith it !!!

jeffbare
01-24-2012, 12:05 PM
The MC X45, and another incident in Florida claimed the designs were flawed due to people being able to sit infront of the driver, now the design flaw is the passengers sitting behind the driver. I feel sorry for the lady injured, she probably shouldn't have jumped in before the boat was tied and shut off, then after jumping in, I would guess you shouldn't swim to the transome of a running/moving boat. I get the guy panicked, he probably wasn't an experienced boater since it was a rental. This is the kind of thing that will drive the rental company out of business, and raise the price of a Chaparral to the public. At some point the pendulum has to swing back to personal responsability. Kinda F--king boils my blood.

GT500 MC
01-24-2012, 12:09 PM
The MC X45, and another incident in Florida claimed the designs were flawed due to people being able to sit infront of the driver, now the design flaw is the passengers sitting behind the driver. I feel sorry for the lady injured, she probably shouldn't have jumped in before the boat was tied and shut off, then after jumping in, I would guess you shouldn't swim to the transome of a running/moving boat. I get the guy panicked, he probably wasn't an experienced boater since it was a rental. This is the kind of thing that will drive the rental company out of business, and raise the price of a Chaparral to the public. At some point the pendulum has to swing back to personal responsability. Kinda F--king boils my blood.

Don't even get me started. That sounds like one big cluster****. And quite honestly, IMO, it's both the driver and the swimmers fault. Look in the mirror and take some accountability. Let me guess--no mention of adult beverages?? :mad:

03geetee
01-24-2012, 12:12 PM
Don't even get me started. That sounds like one big cluster****. And quite honestly, IMO, it's both the driver and the swimmers fault. Look in the mirror and take some accountability. Let me guess--no mention of adult beverages?? :mad:

This.

Also people wouldnt do certain things if they werent enjoying them selves and having a good time, not many people take the boat out or jump in the lake to have a bad time. Own up to what you did as a horrible mistake, similar to the guy who didnt buy a mastercraft and bought a chapparal, and deal with it.

Feel bad for the girl dont get me wrong, but do I feel worse for the guy she is going after yes.

JTR

willyt
01-24-2012, 12:12 PM
Guess we won't be seeing any pictures of her in the swimsuit thread.

Yes I just said that.

GT500 MC
01-24-2012, 12:14 PM
Guess we won't be seeing any pictures of her in the swimsuit thread.

Yes I just said that.

Coffee on computer....we need an icon for that...

mikeg205
01-24-2012, 12:25 PM
Guess we won't be seeing any pictures of her in the swimsuit thread.

Yes I just said that.

youch!!!..

thatsmrmastercraft
01-24-2012, 12:26 PM
Sad to hear of anyone getting injured at the hands of another. Plenty of blame to go around.

Trevor
01-24-2012, 12:28 PM
I was there when it happened. From what I heard was that she jumped of the boat when the operator was backing the boat up to tie up to another boat. It was a rented boat.

mikeg205
01-24-2012, 12:32 PM
Why are you americans always blame the manufacture????
People need to learn operating a boat before playingith it !!!

Unfortunately...too many people follow the money trail. As much as I hate regulation, I do believe there should be a minimal boating license. I boat in Canada and have to at least have a boaters safety competency card...yah like don't smoke while putting fuel in craft.

This is so like the MSM always calling out SUV's in accidents. Would the MSM give some grace tot he SUV if a duelly creamed it?

Gratefully, there are less injuries on the water than in every day auto traffic. After a day on the water, I usually forget how many times I have said to myself "really" after seeing some goof really do something stupid with a boat or PWC.

I bet the victim (sorry for her injuries) didn't think twice jumping in the water behind the Chapparal - she should have know better - she should be educated that inboards are safer because the prop is way under and the swim deck most likely would have bumped her away...at least the marketing indicates that... :mad:

ski/hunt
01-24-2012, 12:33 PM
You rock willy!!
I'm sorry but I feel nothing for complete STUPID!!! She jumped out of a running boat (who's fault?) She Swam to the back of a RUNNING boat!! (who's fault?)
He'll I'm as much to blame for this as the pigs who fly around the moon!!!
You jumped into danger and now you got no arm to show for it!! Story over be glad your STUPID head wasn't cut off----live on!!

willyt
01-24-2012, 12:33 PM
youch!!!..

I bet getting hit with a propeller hurts more.

Looks like chaparral is drinking from the same cup of tea that we are. Wonder if the lawyers are going to successfully pitch it to a jury this time too. Judgements can sure take an arm an a leg these days.

Trevor
01-24-2012, 12:34 PM
Don't even get me started. That sounds like one big cluster****. And quite honestly, IMO, it's both the driver and the swimmers fault. Look in the mirror and take some accountability. Let me guess--no mention of adult beverages?? :mad:

This Happend at 9 or 10am so no one was drinking at this time.

mikeg205
01-24-2012, 12:36 PM
I bet getting hit with a propeller hurts more.

Looks like chappell is drinking from the same cup of tea that we are. Wonder if the lawyers are going to successfully pitch it to a jury this time too. Judgements can sure take an arm an a leg these days.

You're right willy.....:D

ski/hunt
01-24-2012, 12:38 PM
This Happend at 9 or 10am so no one was drinking at this time.

Ya that's cause "official" drinking time is at 5:00 p.m. and EVERYONE follows the rules!!

aquaman
01-24-2012, 12:39 PM
This Happend at 9 or 10am so no one was drinking at this time.

Some people do stupid things when they drink alcohol. Some people just do stupid things. :confused:

ski/hunt
01-24-2012, 12:43 PM
You know ALL potheads wait to smoke until 4:20p.m. too......

aquaman
01-24-2012, 12:47 PM
Ya that's cause "official" drinking time is at 5:00 p.m. and EVERYONE follows the rules!!

Could she have been Hungover from the night before?

MIskier
01-24-2012, 12:53 PM
Another case of follow the money, this country is going to hell in a hand basket!

Here is a story that will show you just how bad the legal system is...a customer for the company I am currently working for was hit by another high performance boat that went out of control when the drunk driving overstepped his talent as a driver. Client's boat is hit killing his wife and injuring all on his boat, multiple deaths in the other boat as well. Our client was assigned 1% of the blame because his boat was in that area of the lake at the time the other boat went out of control!!!

Hollywood
01-24-2012, 12:55 PM
Kinda F--king boils my blood.

x2

Guess we won't be seeing any pictures of her in the swimsuit thread.
.

:D

lettmeknow
01-24-2012, 12:57 PM
If she knew the operator was inexperienced , why did 1) she get in the boat in the first place, 2) jump in the water to swim around an inexperienced boater. I rule, it's all her fault and she should be liable for the damages to the boat!

ski/hunt
01-24-2012, 01:01 PM
You know she messed up that prop!! I hear counter-suit!

-V-
01-24-2012, 01:02 PM
i wonder if any of her got into the intake......that could ruin an engine.....

bobx1
01-24-2012, 01:41 PM
Hopefully Chapparal does not use the same law firm MC employed in the X45 case.

Another plus for Chapparal is that this did not happen in California.

scott023
01-24-2012, 02:06 PM
Don't even get me started. That sounds like one big cluster****. And quite honestly, IMO, it's both the driver and the swimmers fault. Look in the mirror and take some accountability. Let me guess--no mention of adult beverages?? :mad:

DING DING DING DING

scott023
01-24-2012, 02:14 PM
You rock willy!!
I'm sorry but I feel nothing for complete STUPID!!! She jumped out of a running boat (who's fault?) She Swam to the back of a RUNNING boat!! (who's fault?)
He'll I'm as much to blame for this as the pigs who fly around the moon!!!
You jumped into danger and now you got no arm to show for it!! Story over be glad your STUPID head wasn't cut off----live on!!

We have another winning post.

scott023
01-24-2012, 02:19 PM
If she knew the operator was inexperienced , why did 1) she get in the boat in the first place, 2) jump in the water to swim around an inexperienced boater. I rule, it's all her fault and she should be liable for the damages to the boat!

My thoughts exactly.

willyt
01-24-2012, 04:04 PM
Guys can we just have a lightheaded discussion with some puns about how easy it is to spin a case like this?

CantRepeat
01-24-2012, 04:15 PM
Guys can we just have a lightheaded discussion with some puns about how easy it is to spin a case like this?

For some people, me included, it's difficult to pun about a lady who loses her arm and other body parts. But, that's not to say you guys wont have a fun time doing so.

mikeg205
01-24-2012, 04:34 PM
okay....its a case of "spin" the prop gone awry... liked how you worked the word spin in. :D :D

SkiDog
01-24-2012, 06:09 PM
If I was the boat driver, I would sue the hell outa her for jumping off a MOVING boat BEFORE the motor was turned off, thus causing ME all this anxiety and crap that I gotta live with for the rest of MY life! She was the stupid one here IMO! Yea, sorry to hear about her injuries BUT, take some damn responsibilities for your OWN actions! I guess now that Chaparral is being sued for rear seats, and MC has been sued for FRONT seating, that next we'll have double decker ski boats so the damn drivers aren't obstructed!:mad::mad::mad:

Jerseydave
01-24-2012, 06:35 PM
People do stupid things around boats that are not use to being around boats.

Years ago my buddy brought his new girlfriend out in the boat. I was backing my prostar up to the back of his prostar, platform-to-platform when all of the sudden he dives in right between the platforms! I shut mine off right away and thought for sure the prop got her but somehow she resurfaced untouched! She must have went deep enough under the prop of mine and she came up next to the boat! We really laid into her for being so stupid. She said she didn't realize there was a prop under there! Seriously???

My buddy stopped going out with her right after that.

In the case of this thread, accidents like this will stop marinas from renting boats in the future.
Fine by me!

Trevor
01-24-2012, 06:49 PM
Ya that's cause "official" drinking time is at 5:00 p.m. and EVERYONE follows the rules!!

Some people do stupid things when they drink alcohol. Some people just do stupid things. :confused:

You know ALL potheads wait to smoke until 4:20p.m. too......

For all the Smart asses I siad I was there and if you cant read then you should lean because in the report they dont even talk about alcohol bc it was not an issue at this time!

1redTA
01-24-2012, 06:52 PM
when I was younger I would run in shoes that I did not tie and I would fall on my face, should I sue the manufacturer of the boat err shoes?

Thrall
01-24-2012, 07:14 PM
when I was younger I would run in shoes that I did not tie and I would fall on my face, should I sue the manufacturer of the boat err shoes?

You should sue whoever paved the sidewalk that you scraped your chin on!

ahhudgins
01-24-2012, 09:39 PM
People do stupid things around boats that are not use to being around boats.

Years ago my buddy brought his new girlfriend out in the boat. I was backing my prostar up to the back of his prostar, platform-to-platform when all of the sudden he dives in right between the platforms! I shut mine off right away and thought for sure the prop got her but somehow she resurfaced untouched! She must have went deep enough under the prop of mine and she came up next to the boat! We really laid into her for being so stupid. She said she didn't realize there was a prop under there! Seriously???

My buddy stopped going out with her right after that.

In the case of this thread, accidents like this will stop marinas from renting boats in the future.
Fine by me!

Seriously? Yes! I believe I've had at least 2 people (one was a male) in the last 20 years who have gotten into my boat and asked me "What makes it go?"

As other posters have stated, if the victim claims the rental company is to blame for renting a boat to some one who is not experienced in handling a boat, then she is just as much to blame for getting in the boat with the driver.

73blue
01-24-2012, 10:44 PM
In the case of this thread, accidents like this will stop marinas from renting boats in the future.
Fine by me!


I hope not. If I can't rent boats, I'll be out of business. The thing is, 99% of renters, while not extremely proficient operators, can and do operate safely, bringing themselves and their boat back with no harm done. It also gives people a chance to enjoy what we are privileged to enjoy who may not otherwise be able to afford their own boat. Like anything else, its the few that ignore instruction and allow their attention to lapse that tend to ruin it for others.

I will say this also. It is and always should be the primary operator who is responsible for the welfare of everyone aboard. That goes for renters or us. If a passenger chooses to act in an inappropriate or unsafe manner, it is the operator's responsibility to warn them, rebuke them, protect them, or if necessary, drop them back off at the dock. That is something that is imo non-negotiable and is clearly explained to everyone who rents from us.

trickskier
01-24-2012, 10:58 PM
Guess we won't be seeing any pictures of her in the swimsuit thread.

Yes I just said that.

I agree completely!!! Attorneys always have a way of "TWISTING" the truth when filing a law suit for their own financial gain due to the stupidity of their clients!!!

87MCProstar
01-25-2012, 10:06 AM
The MC X45, and another incident in Florida claimed the designs were flawed due to people being able to sit infront of the driver, now the design flaw is the passengers sitting behind the driver. I feel sorry for the lady injured, she probably shouldn't have jumped in before the boat was tied and shut off, then after jumping in, I would guess you shouldn't swim to the transome of a running/moving boat. I get the guy panicked, he probably wasn't an experienced boater since it was a rental. This is the kind of thing that will drive the rental company out of business, and raise the price of a Chaparral to the public. At some point the pendulum has to swing back to personal responsability. Kinda F--king boils my blood.

I am right there with ya. Take responsibilty for yourselfs....i feel bad for her and the injurys that she has to deal with....but use some common freacking sense, stay away from FAST moving parts. I guess common sense isn't that common anymore.

02ProstarSammyD
01-26-2012, 09:50 AM
[This Happend at 9 or 10am so no one was drinking at this time.


lake bash=no drinking in the morn obviously!

Sounds like a clusterf@c$ incident. I never understood renting boats to people who have no experience. No way you could rent a car w/o a drivers license. Sounds like a lot of misfired Darwin going on.

We've got a dumb@$$ swimming up to a running I/0, a guy backing up a running boat torwards people in the water, and Chap putting the prop in the wrong part of the boat.

willyt
01-26-2012, 05:16 PM
Wonder if they'll use any of mc's marketing material on why inboards are safer than I/O's...?

ski/hunt
01-26-2012, 05:53 PM
I have found the "silver lining" in this jacked story----The injured will be able to "swim circles" around the rest of us!!

1redTA
01-26-2012, 07:29 PM
I have found the "silver lining" in this jacked story----The injured will be able to "swim circles" around the rest of us!!

ha Ha Ha :D

Tri4X2
02-22-2012, 10:20 AM
any news on this yet? When does it go to trial?

willyt
02-22-2012, 10:42 AM
No idea, but I'm sure we'll be kept abreast of the story.

Couldn't resist...