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Old 01-24-2012, 12:58 PM
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Woman struck by propeller sues Chaparral

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/201...#storylink=cpy
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  #2  
Old 01-24-2012, 01:02 PM
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Chapparal should have known that back seats are dangerous.
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Old 01-24-2012, 01:03 PM
Quinten Quinten is offline
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Why are you americans always blame the manufacture????
People need to learn operating a boat before playingith it !!!
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Old 01-24-2012, 01:05 PM
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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.
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Old 01-24-2012, 01:09 PM
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Originally Posted by jeffbare View Post
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??
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Old 01-24-2012, 01:12 PM
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03geetee 03geetee is offline
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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??
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
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Old 01-24-2012, 01:12 PM
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Guess we won't be seeing any pictures of her in the swimsuit thread.

Yes I just said that.
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Old 01-24-2012, 01:14 PM
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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...
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Old 01-24-2012, 01:25 PM
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Originally Posted by willyt View Post
Guess we won't be seeing any pictures of her in the swimsuit thread.

Yes I just said that.
youch!!!..
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Old 01-24-2012, 01:26 PM
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Sad to hear of anyone getting injured at the hands of another. Plenty of blame to go around.
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