Author: Capt Patrick

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Ridiculous! Brunswick partially liable in prop accident.

The Fifth Circuit Court of Appeals last week affirmed a decision handed down last year by a jury that Brunswick Corp. was partially liable for a 2005 accident on Lake Austin, Texas, in which a teen’s leg was severed by a propeller

The court’s decision, filed May 27, was unanimous.

Jacob Brochtrup brought the case against Mercury Marine and Sea Ray. He was 18 at the time of the accident.

On the day of the accident, Brochtrup and three others were in a 17.6-foot Sea Ray, powered by a 135-hp MerCruiser sterndrive. When one of the tow ropes unhooked and fell into the water, Brochtrup jumped in behind the boat to retrieve it, according to court documents.

The driver put the boat in reverse to stop its forward motion and backed over Brochtrup. The propeller shredded his right leg, which was ultimately amputated at the hip joint.

According to the original suit, the manufacturer of the boat and motor did not have safety devices, including guards or covers, to prevent Brochtrup from becoming entangled or stuck.

The case proceeded to trial three times, with the first two juries unable to reach a verdict. The third jury concluded that there was a design defect and awarded damages to Brochtrup.

Jurors ordered the company to pay $3.8 million in medical expenses and damages, finding that Brunswick shared more than half the blame for the accident. Jurors found that Brochtrup also was responsible, as was the driver of the boat.

The appeals court decision includes upholding the jury finding that an unguarded propeller was “unreasonably dangerous and defectively designed.” That jury finding necessarily included determining that a guard would prevent the injury and would not adversely affect the use of the boat or engine, Brochtrup’s lawyer Robby Alden said.

“The parties collectively spent over a million dollars testing the guard, and the jury heard substantial evidence from all experts,” Alden said in an e-mail to Soundings Trade Only. “Believe me, guards work and save lives.”

Brunswick did not immediately return a request for comment.

After last year’s verdict, Brunswick issued a statement saying they “stand behind our products, which are used safely and properly by boaters around the world.”

“While we at Brunswick remain sympathetic to the plaintiff for this unfortunate accident, we are nevertheless disappointed with today's verdict,” Brunswick officials added last year.

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Video Of The Week: “Pliny The Elder And The Harbors Of Healing”

                                                                 Perceptum Quispiam Dammitium!

What do you get when you combine Jimmy Buffett, Kenny Chesney, Gaius Plinius Secundus, the eruption of Mount Vesuvius, Herculaneum, short legged pants, and pyroclastic flow? We present to you “Pliny The Elder And The Harbors Of Healing”  http://www.youtube.com/watch?v=YeYqlWA9ZI4

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Lest We Forget

Memorial Day, which falls on the last Monday of May, honors the men and women who died while serving in the American military. Originally known as Decoration Day, it originated in the years following the Civil War and became an official federal holiday in 1971. Many Americans observe Memorial Day by visiting cemeteries or memorials, holding family gatherings and participating in parades. Unofficially, at least, it marks the beginning of summer. In 2011, Memorial Day is observed on Monday, May 30.

  • Each year on Memorial Day a national moment of remembrance takes place at 3:00 p.m. local time.

    • Memorial Day was originally known as Decoration Day because it was a time set aside to honor the nation's Civil War dead by decorating their graves. It was first widely observed on May 30, 1868, to honor the sacrifices of Civil War soldiers, by proclamation of General John A. Logan of the Grand Army of the Republic, an organization of former sailors and soldiers. On May 5, 1868, Logan declared in General Order No. 11 that:

    The 30th of May, 1868, is designated for the purpose of strewing with flowers, or otherwise decorating the graves of comrades who died in defense of their country during the late rebellion, and whose bodies now lie in almost every city, village, and hamlet churchyard in the land. In this observance no form of ceremony is prescribed, but posts and comrades will in their own way arrange such fitting services and testimonials of respect as circumstances may permit.

    During the first celebration of Decoration Day, General James Garfield made a speech at Arlington National Cemetery, after which 5,000 participants helped to decorate the graves of the more than 20,000 Union and Confederate soldiers buried in the cemetery.

    This 1868 celebration was inspired by local observances of the day in several towns throughout America that had taken place in the three years since the Civil War. In fact, several Northern and Southern cities claim to be the birthplace of Memorial Day, including Columbus, Miss.; Macon, Ga.; Richmond, Va.; Boalsburg, Pa.; and Carbondale, Ill.

    In 1966, the federal government, under the direction of President Lyndon Johnson, declared Waterloo, N.Y., the official birthplace of Memorial Day. They chose Waterloo—which had first celebrated the day on May 5, 1866—because the town had made Memorial Day an annual, community-wide event during which businesses closed and residents decorated the graves of soldiers with flowers and flags.

    By the late 1800s, many communities across the country had begun to celebrate Memorial Day and, after World War I, observances also began to honor those who had died in all of America's wars. In 1971, Congress declared Memorial Day a national holiday to be celebrated the last Monday in May. (Veterans Day, a day set aside to honor all veterans, living and dead, is celebrated each year on November 11.)

    Today, Memorial Day is celebrated at Arlington National Cemetery with a ceremony in which a small American flag is placed on each grave. Also, it is customary for the president or vice-president to give a speech honoring the contributions of the dead and lay a wreath at the Tomb of the Unknown Soldier. About 5,000 people attend the ceremony annually.

    Courtesy of History.com

    Several Southern states continue to set aside a special day for honoring the Confederate dead, which is usually called Confederate Memorial Day.

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    Super Boats Slug It Out In Cocoa Beach!

    May 24, 2011  by SBI

    Teams Converge on Cocoa Beach for Spectacular Offshore Powerboat Race

    KEY WEST, Fla. (May 24, 2011) – The Season opener for the 2011 Super Boat International Racing Series was held this past weekend in Cocoa Beach, Fla. with the World’s fastest boats racing in perfect conditions on the Atlantic Coast, and Miss GEICO Racing taking the top spot. Fans were treated to a spectacular day of racing during the 2nd Annual Brighthouse Networks Space Coast Super Boat Grand Prix. Twenty-seven teams competed during the Sunday event and race teams treated fans to amazing speeds along with lead changes and near photo finishes.

    “This was one of, if not, the best season opener we have had in the past 20 years of Superboat racing. Today’s race had some of the closest head to head racing and is like a new era for powerboat racing,” comments SBI President, John Carbonell. “We continue to tweak the race courses to make them shorter in distance and closer to the race fans along the beach. It has proven to be quite exciting for everyone including the teams.” In the earlier years of Super Boat Racing, teams would race off 50 miles and return. Now, with the more rectangle shaped stadium style racing, it brings fans up close to the action.

    The 2nd Annual event brought out some unbelievable head to head battles with a near photo finish as Loriblu Fastboats.com edged out Team Stihl for a win in the Super Cat class. “It was just incredible today. We had fuel pick-up or some equipment issues that would slow us down in the corners, so we pulled off the course, and then pulled back on, as our boat came back to us. When we saw Loriblu had issues, we just had to stay in it. I think we both had the same problems and coming into the last turn, we were both off the pace. Then almost at the same time, we both picked up speed for the finish and they beat us by a boat length. It was a heart breaker,” comments J.R. Noble, owner and driver of Team Stihl.

    Water and weather conditions were perfect, not only for the race teams, but also for the fans. This year’s event appeared to have record crowds lining the beach from Cocoa Beach Pier to Lori Wilson Park. And for those unfortunate fans who could not attend, Super Boat International and Space Coast Sports TV streamed the event live.

    Other Super Boat winners included WHM Motorsports (Superboat Unlimited), GEICO Caveman (Superboat Vee Extreme), Absolutely Not (Super Vee Limited), Talbot Excavating (Superboat Stock),  Twisted Metal Motorsports (P1), Zipp Express (P2) and Team Velocity (P4).

    Local favorite Superboat Unlimited Team CMS (owned by Bob Bull) encountered mechanical problems early, but it wasn’t without a thrilling blow-by the Pier. Unlimited competitor, Billy Mauff comments, “I wish CMS could have lasted the race and we could have raced each other. This race and location is great.  Unfortunately, I couldn’t make it last year but I’m glad I made it this year.”

    Marc Granet, Driver of Miss GEICO comments,  “Cocoa Beach could be the event of the year. This place is awesome and the crowds were lined up the entire length of the beach. It was absolutely incredible.”

    With the support of Cocoa Beach and all the volunteers that made this possible, this weekend has turned out to be a marquee event on the Super Boat International circuit.

    Next for Super Boat International

    The next race for Super Boat International is June 3rd – 5th, the 21st Annual Miami Grand Prix in Miami, Florida. The dry pits will be located in Bicentennial Park and the race will start at 1:00 pm Sunday June 5th, off Miami Beach.