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  1. #1
    Join Date
    Jan 2008
    Location
    Tallahassee, FL
    Posts
    14,071

    Default Tough Verdict for Boat Manufacturers-- Common Sense Not Required

    My Mom said I'm not allowed to get wet!
    2008 LSV (sold)
    2000 Outback LS (sold)
    LLTR!!!!!!!!



  2. #2
    Join Date
    Mar 2011
    Location
    Belton, Texas
    Posts
    2,607

    Default

    wow, thats a big hit for mastercraft!! money isn't much of an object im sure plus it will be held out so long on appeals and what not but their name being associated with an at fault liability can not be any good for the compant as a whole....ouch!! scary situation for those folks that day to I bet.
    Jason

    Go Hard or Go Home.......it's MOOMBA time!!

    2009 Moomba Mobius LSV

  3. #3
    Join Date
    Jun 2008
    Location
    Ottawa, Ontario
    Posts
    929

    Default

    Do we honestly think its Mastercrafts fault?

    This [edited] would never fly in Canada. The legal system in the US is [deleted].
    Last edited by kaneboats; 06-08-2011 at 05:18 PM. Reason: rule violation
    2008 Outback V - gravity III ballasts, perfect pass star gazer, hydraulic wake plate, depth finder, water stainer, rad-a-cage tower, board racks, tower mirror, bimini top, audio package d, graphics package e, appearance package, cockpit & tonneau cover, mooring cover, black stainless rubrail, docking lights, OJ 14.25x14.0 prop.

    Toys: Ronix Viva 136 with Kai bindings, Phase5 Drew Danielo Pro, Straight Line Sumo Sac 750lb, 450lb, 125lb ballast.

  4. #4
    Join Date
    Feb 2010
    Location
    Canton, Ga / Lake Lanier
    Posts
    1,600

    Default

    Personally I think it's the driver's fault...he should've never had overloaded the bow. Any moron knows that if that bow is weighted down it will sit low and could take on water with a roller or a powerturn.

    My LS sits pretty low and on Memorial Day I had 1 adult and two kids in the bow and we hit a roller and got a good amount. I saw it coming and even said "Water over the bow" no one paid attnetion until they got soaked and everything along the floor got wet. I thought it was pretty funny...the wife, not so much! heh...

    Terrible accident for all involved....I couldn't imagine that happening and to think of it it's unnerving...
    SOLD! 2011 Mobius LSV 325HP EFI
    Digital Cruise Pro, Wakeplate, Kenwood KM550U and KCA-RC107MR x2, Kicker ZXM700.5, Kicker 6.5 Cabins, 10'' Kicker CompVT sub, Wetsounds SYN 4, Wetsounds REV10s, Wetsounds WS420Q, Gravity VI Surf Ballast, Acme 537

    Board: '12 LF Harley (Monster) 139
    Her Board: '11 Ronix Krush 128
    Kids Board: '13 Ronix Vision 120
    Skate: LF Faction 44
    Surf: LF Custom Quad & XXX


    Tow Rig:
    2011 Toyota Tundra CrewMax TRD Magnetic Grey
    3/1 Truxx Lift, and some other stuff...

  5. #5
    Join Date
    Jun 2009
    Location
    Victoria BC Canada
    Posts
    663

    Default

    I see no reason for Mastercraft to be held liable in this situation. The boat was overloaded to begin with (was the driver even charged with undue care and negligence? They would be in Canada) and then to move everyone to the front of the boat is absolutely ridiculous! In my opinion the driver/operator is 100% at fault.

    Talk about not taking responsibility for your own actions...... "But your Honour there was no sign telling me I couldn't put 20 people in the bow of the boat and then conduct a power turn......" The boat manufacturer is at fault because I am too stupid to use common sense and they didn't protect me!"

    This statement is what drew my attention: "Montz had reportedly slowed the boat and then turned around to recover the wakeboarder when the craft began taking on water in the bow. Bell and Mercer, who were sitting in the bow, were swept off the boat and struck by the in-board propeller."

    If Montz had in fact slowed the boat down, how the heck did they manage to run over Bell and Mercer to the point where they were so badly lacerated? I guess "slowed the boat down" is relative in this situation. Slowed down to what, 20mph? 15mph?

    Whew! I feel better now. Sorry for the rant.
    2011 President's Trophy - Check
    2011 Western Confernece Champs - Check
    2011 Stanley Cup Champs - Not so Much....

    2007 Outback V

  6. #6
    Join Date
    Jun 2008
    Location
    Henderson, NV
    Posts
    5,690

    Default

    hope mc wins on an appeal..

    sad events...

    the even sadder part of this is that the only ones that will see anything off this are the attorneys..
    '06 Supra Launch 20SSV-gone but never forgotten

  7. #7
    Join Date
    Sep 2009
    Location
    Grayson, Georgia
    Posts
    1,064

    Default

    Having watched the PWT Tour this year in Acworth, that X-Star was sitting VERY VERY low in the water with nobody in the bow. I am sure was weighted down with who knows how much ballast, but that was the VERY first thing I noticed when I watched it make its first pass and then idle back in front of me.

    That being said, 30 million dollars imo is a bit overkill. I'm sorry, but that is just ridiculous. It's civil cases like this that make me cringe. Pay this woman so she never has to work another day in her life. Fine. I get that. But 30 million dollars? Come on guys. Unless I see that she donates her money to helping educate people on the dangers of operating a boat past it's safety limits, then I say she is a piss poor human being for milking the system. I'm sure she will have fun wiping away her tears out of her 1 eye with 30 Million dollar bills. The family was asking for nearly 45M for past and future damages. Was she going to play for the Lakers? WTH? This makes me sick. The amount she was awarded and for who the fault was with. Put 20 people in any wake boat besides an X80 and you will have trouble.
    -Mark
    2005 LSV
    Tow w/:
    Volkswagen Touareg V8
    Mods: Stereo, Stainless Cup Holders and Thru Hulls, Chrome Steering Wheel, EZ Nets, Moomba Etched Cleats

    "Be more concerned with your character than your reputation, bc your character is what you really are, while your reputation is merely what others think you are."

    -John Wooden

  8. #8
    Join Date
    May 2008
    Location
    Minneapolis
    Posts
    507

    Default

    Honestly though the front bow seat on a x-45 is almost as wide as the back seat by the v drive possibly allowing for 3 wide riding on the bow like leo in titanic. I don't feel that their hulls have much more flotation than a "traditional" hull, but do have the ability to seat 2-3 more than lets say in a moomba The ability to put 4-5 in the bow is pushing it so I think yes it is a design flaw

    That x-45 seats something like 18 there isn't a seating chart, or a how to on seating your passengers in the boat that is where common sense comes into play I cant count how many times Ive seen x crafts with 4 in the bow man they ride bow low like that
    2007 Outback V

  9. #9
    Join Date
    Jul 2010
    Location
    Fort Saskatchewan, AB
    Posts
    25

    Default

    things like this make me cringe....i love the comment one person replied, lets load 20 people in a car and sue because it cant be controlled.

    When will people learn that you cant abuse something and sue just because, case and point the MCdonalds coffee lady....probably been drinking coffee for years, but you didn't know the coffee was hot....to the tune of like 12 million....come on are you serious.

    i hope MC appeals and teaches this guy what common sense is and have him pay out of his pocket the tune of 30 million.
    2010 Outback, minor upgrades and a whole bunch of family fun. Lets Ride

  10. #10
    Join Date
    Nov 2009
    Location
    Nebraska
    Posts
    741

    Default

    wonder if he did a power turn, instead of letting off the throttle before turning

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