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Old 08-22-2011, 11:37 AM
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MasterCraft will appeal ruling in design lawsuit

MasterCraft will appeal ruling in design lawsuit
Posted on 22 August 2011

A Superior Court judge in Butte County, Calif., last week rejected MasterCraft's request for a new trial in a 2006 accident that left two people injured, but the boatbuilder said it will appeal the decision.

John Dorton, president and CEO of MasterCraft, told Soundings Trade Only this morning that he was “disappointed, but not surprised” by Judge Sandra McLean’s decision, adding that “the appeals process continues.”

A jury ruled in June that MasterCraft was 80 percent at fault in the July 9, 2006, accident in which Niki Bell and Bethany Mercer, formerly Wallenburg, were swept off a MasterCraft X-45 wakeboarding boat and struck by its propeller. Jurors found that boat driver Jerry Montz was 20 percent at fault. Montz admitted to drinking alcohol on the day of the accident, and there were more passengers on the boat than the manufacturer recommended.

The jury awarded $30.9 million in damages to Bell and $530,688 to Mercer.

“We remain committed to the X-45 being a great, safe boat. It’s got a tremendous safety record. It’s fully complaint with NMMA, ABYC and the U.S. Coast Guard,” Dorton said. “We hope the system will send a clear message to consumers that it’s not OK to boat under the influence of drugs and alcohol and it’s not OK to disregard warning labels and safe boating laws.”

Dorton also said the company has heard of no other safety problems with the X-45 and has been encouraged by an outpouring of support from the industry and boaters.

“They see this as a case of as someone trying to go after what’s perceived as deep pockets. No one in the marine industry has deep pockets anymore,” he said. “I think any reasonable boater understands that this is a ridiculous verdict.”

Here is a link to the article with comments: http://www.tradeonlytoday.com/home/5...design-lawsuit
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Old 08-22-2011, 11:47 AM
tommcat tommcat is offline
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the x 45 is an inboard, correct? how the heck do you fall off at speed and get caught in the prop through any other method than stupidity?
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Old 08-22-2011, 11:48 AM
TxsRiverRat TxsRiverRat is offline
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WOW...

I do not understand how MC is 80% responsible... Can anyone explain this logically?

Is it explained in any other article?

MC
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Old 08-22-2011, 11:49 AM
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Quote:
Originally Posted by tommcat View Post
the x 45 is an inboard, correct? how the heck do you fall off at speed and get caught in the prop through any other method than stupidity?
lot's of dummys out there with them.
Stupidity is now the boat builders fault
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Old 08-22-2011, 12:05 PM
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All, please read through this thread and get the entire picture first. The driver was at fault, IMO.

http://www.mastercraft.com/teamtalk/...hlight=Lawsuit

Glad to hear they are appealing!!
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Old 08-22-2011, 12:58 PM
tommcat tommcat is offline
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So using their logic, if i decide to ride on the roof of my buddies car and fall off while going down the highway i can sue ford?
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Old 08-22-2011, 01:01 PM
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can't overlay logic on the absurd... amazing...just amazing...
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Old 08-22-2011, 01:02 PM
TxsRiverRat TxsRiverRat is offline
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Originally Posted by tommcat View Post
So using their logic, if i decide to ride on the roof of my buddies car and fall off while going down the highway i can sue ford?
Try it!

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  #9  
Old 08-22-2011, 01:57 PM
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I just noticed this:

"The jury awarded $30.9 million in damages to Bell and $530,688 to Mercer."

I'm guessing Bell had more damage, BUT $30.4 million more.
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  #10  
Old 08-22-2011, 02:01 PM
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The tort legal system is a self correcting money making joke most of the time. I apologize to one member ahead of time whom I respect as a knowledgeable MC owner and enthusiast. I find little or no justice and honor in the courts. I have lost respect for the system and the profession.

Last edited by oldairboater; 08-22-2011 at 02:03 PM.
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