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Author Topic: Lawsuit points to builder in prop accident  (Read 430 times)
Babyboomer
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« on: November 17, 2011, 02:52:14 PM »

Lawsuit points to builder in prop accident


Unbelieveable! While I feel for the lady...how is OMC to blame here? The owner of the boat is the guy that's totally responsible IMO!

Another potential Lottery Winner and the lawyers on both sides are laughing all the way to the bank.

SoundingsTradeOnlyToday.com
Posted on 17 November 2011
A trial is under way in Reno, Nev., in the case of Robin Listman vs. Outboard Marine Corp., in which the plaintiff is suing for injuries from a propeller accident in 2001.

Listman was on Pyramid Lake in Washoe County, Nevada, on Aug. 18, 2001, boating with her in-laws on their 19-foot Four Winns 1995 boat powered by an OMC Cobra sterndrive.

A floating toy that belonged to her son blew into the water. The owner of the boat said he would help her retrieve the toy. He drove to the toy, the wind blew it behind the boat, and Listman stepped onto the swim platform to retrieve it and fell in, according to the Propeller Guard Information Center, which is covering the trial.

The owner put the boat in reverse and the propeller seriously injured Listman. She lost a portion of her right leg.

The case was filed in August 2003. In July 2008, summary judgment was issued in favor of Outboard Marine. However, in August 2009 the summary judgment was vacated and a decision was made to allow the case to proceed to trial after it was remanded by the state Supreme Court.

A mistrial was declared last year. Early this year, OMC unsuccessfully argued that the propeller accident took place on American Indian lands and that the court did not have jurisdiction, according to the center.

Click hear to read the story:
http://www.tradeonlytoday.com/home/517162-lawsuit-faults-builder-in-propeller...
« Last Edit: November 17, 2011, 02:54:13 PM by Babyboomer » Logged


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Babyboomer
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« Reply #1 on: November 17, 2011, 02:53:19 PM »

Clearly OMC and Four Winns are at fault here.

They allowed their product to be sold to a moron!

Actually isn't the builder of the floating toy responsible here?

Or maybe whoever is causing the wind to blow? Talk about deep pockets......


Or maybe.....just maybe.... it is the idiot who is driving the boat who is responsible here?......Nah, he is driving a 95 Four Winns he clearly doesn't have any money..... 
     
 
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osead
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« Reply #2 on: November 17, 2011, 03:27:10 PM »

That's not how it works.  These bastards look at who has the most money to pay for the nuisance suit to go away the fastest with the least amount of work for them.  Then they make a case and go through the motions so the next purchasers of OMC products can foo the bill!  They hope if it goes to trial, the jury is dumb enough  (Like MacDonlads too hot coffee) to go for it.


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earl1z19
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« Reply #3 on: November 17, 2011, 09:55:29 PM »

Its not the boat manufacturers fault but the person who allowed enough water to collect in one place to allow a boat to float and water activities to take place......
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« Reply #4 on: November 17, 2011, 11:48:37 PM »

Okay...Let's all blame God for all this! I mean...lets go nuts on this whole thing. Damm the sky and the water..the whole darn thing! What asses...The person is still alive, doesn't that count??????????? scratch head
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doubleogt
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« Reply #5 on: November 18, 2011, 12:59:58 AM »


Or maybe.....just maybe.... it is the idiot who is driving the boat who is responsible here?......Nah, he is driving a 95 Four Winns he clearly doesn't have any money.....     
 


 ROFL ROFL ROFL
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« Reply #6 on: November 18, 2011, 07:20:55 AM »

I say the husband threw the toy in the water, tried to run the wife over but was to stupid to do it right....
 ROFL ROFL ROFL ROFL ROFL ROFL ROFL ROFL ROFL ROFL
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« Reply #7 on: November 18, 2011, 10:18:34 AM »

I respect all your opinions on this accident/court case but you must go to the "root cause". It was the boater's parents to blame.They should have been more diligent in using birth control practices or abstaining from sex altogether!!
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« Reply #8 on: November 18, 2011, 11:58:14 AM »

Smart lawyers... they never lose... they even win when they lose... Seem to have some judges that don't know sh** from putty. Don't they elect them??? scratch head
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« Reply #9 on: November 19, 2011, 10:02:10 AM »

I love that saying s**t from putty!!!!! ROFL ROFL ROFL ROFL ROFL
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« Reply #10 on: November 19, 2011, 10:58:36 PM »

There have been a few cases like this over the last few years.  The 'issue' is that an open propellor is dangerous and since it has no protective 'cover' Merc/Volvo/Evinrude/etc are selling a 'bad' product.  There are propellor guards made, but degrade performance a lot, some only good at slow speeds, catch and hold debris (which means someone has to clear it), and if you to get caught in one, you cannot get out either..like being trapped in a blender. 

We have people suing a local city because soemone drowned in Lake Michigan, again using the it is 'obviously dangerous' and someone should have told the people who went out in it and died.

What the law needs is the personal responsibility clause about accepting risk in situations.  I could see..maybe..going after the operator as they are responsible for safe operation.  But my kid at 3 years old thought a propellor looked dangerous and NO ONE ever goes in the water near the boat while in gear for me.
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