Recent and Pending Propeller Cases
15 April 2008 BBC News (UK) "Toddler Killed on Beach by Boat" reports on a trial in
the Bahamas about the propeller death of 2 year old Paul Gallagher back in August 2002.
He was in a chair on the beach when a 19 foot boat ran up on the beach and ran over him.
Paul died 5 days later. The driver and owners of the boat are on trial for negligent
manslaughter.
8 April 2008 Yakima Herald (Washington) "Boat Driver Ordered to Repay the State"
reports the driver of a boat
that struck and killed Matthew Jordan, 25 of Yakima, with its propeller after he fell
from a PWC on 2 July 2006 in the Rozon area of Yakima River Canyon was in court under
the Kittitas County Superior Judge. He was ruled to pay a little over $23,000 (ten percent
of the $233,541 in medical costs incurred by the county by the State of Washington's Crime
Victim program before Mr. Jordan died, 10 days after the accident). That amount was in
excess to the $33,426 he was earlier ordered to pay the parents of the deceased young man.
31 Jan 2008 Fresno Bee (California) "Family Sues in Boating Accident: Boat Operators
Already Face Criminal Charges" reports the family of Dallen McEntire (11 year old
boy struck by a propeller in a hit and run Labor Day Weekend 2006 on Shaver Lake in California)
has now filed a civil suit against the two men currently facing criminal charges. The civil suit
charges "negligent operation of a boat, reckless boating and failure to stop and render
assistance, among other things." The civil suit will not be taken up until the criminal matter
is concluded.
14 Dec 2007 Fresno Bee (California) "Expert Testifies in Case of Boy Hurt in Boat Accident"
reports Harold Kindsvater, a
propeller manufacturer, examined the propeller of the boat suspected to have struck the 11 year
old Dallen McEntire of Bakersfield California during Labor Day Weekend 2006. Mr. Kindsvater
testified during a preliminary hearing "that there were no scuff marks on the propeller, an
indication that it did not hit a piece of wood. He also said the paint had not chipped, which
meant the propeller had not hit a rock." He went on to say he was sure it hit something solid.
Mr Kindsvater appears to have been a boat racer in the 1980's and manufactured a racing
V-drive transmission now known as the Menkens V-Drive.
5 Oct 2007 Fresno Bee (California) "Not Guilty Pleas Entered in 2006 Shaver Lake Boat Crash"
reports a legal update on a Labor
Day Weekend 2006 crash on Shaver Lake in which an 8 year old boy (Dallen McEntire) was knee boarding
and struck by the propeller of a hit and run boat. The young boy suffered major head injuries
from the propeller and has since undergone several surgeries. The two men in the boat that allegedly
ran were identified August 22, 2007 after a methodical investigation. Attorneys for both men recently
entered not guilty pleas in their behalf. A preliminary hearing was set for December 10th.
2 Oct 2007 Case Filed: Richard Rozon v. Aramark Corporation, Aramark Sports and Entertainment
Services, Mercury Marine, Mercury Marine LLC, Bass Tracker and Tracker Marine LLC. Utah District
Court. Central Office San Juan County. Surrounding death of Sylvia Rozon in propeller accident
on Lake Powell on 3 October 2005. Her husband, Richard, with her on the houseboat they rented
was a seasonal Aramark employee.
30 Aug 2007 ChicoER (Chico California) "Dollar Changes Hands; Manslaughter Case Settled"
reports a civil settlement in a trial
stemming from the 6 Oct 2006 propeller accident on Lake Oroville in which Daniel Lee Burkette,
22 of Torrance, fell from the bow of a ski boat and was "sucked under the propeller as the boat
slowed and turned to pickup a fallen wake-boarder." The defense attorney claimed the deceased
stood suddenly "and holding his arms outstretched similar to a scene in the Titanic" when he
fell. His parents are friends of defendant and agreed to accept $1.00 to resolve the case
under Superior Court Judge Steven Howell, Butte Country Deputy DA Niels Bringsjord and
Defense Attourney Michael Rothschild.
01 Jul 2007 Statesman (Austin TX) "Man Sues Boat, Motor Companies After Losing Leg"
reports
Jacob Brochtrup, now 20, who was severely injured by a propeller on Lake Austin in 2005 (other reports
place accident on 1 July 2005) is now suing Sea Ray (the boat manufacturer) and Mercury Marine
(the drive manufacturer). His attorney, Mark Guerrero, says both the boat and engine company should
have installed guards. Brochtrup, now a student at Texas A&M, lost most of his blood, was in cardiac
arrest for at least 45 minutes, and delivered by a STAR Flight helicopter to the emergency room
clinically dead after his accident.
A KXAN TV 36 report at the time of the
accident indicated he jumped into the water to retrieve a ski rope while the driver put the boat in
reverse. He was right in front of the lower unit, his leg was nearly severed.
29 June 2007 South China Morning Post (China) "Speedboat Driver Guilty
of Swimmer's Death" reports a District Court Judge found the driver of a boat towing a bannana boat
that struck and killed Lau Wah-fai, age 66, with its propeller (the prop on the tow boat) guilty of
endangering the lives of others at sea by not keeping a proper lookout. The accident happened about
3:15 pm on 19 August 2006 on Clear Water Bay. The driver is expected to be sentenced today.
19 June 2007 The Border Mail (Australia) "$650,000 for Teen Hit by Speedboat"
reports Ayeshea Maree Sparks,
then 14, was struck in the right foot by a ski boat propeller at Kohlhagen Beach on the Murrumbidgee
River 9 November 2002. She was swimming 3 to 5 meters from shore when a skier fell, the ski boat circled
to pickup the skier and struck her. The speedboat driver was found liable in the NSW Supreme Court yesterday
and Ms. Sparks was awarded $650,000 (Australian dollars). Other reports indicated the award included
$213,500 for non-economic loss (half the maximum) and $269,220 for future loss of earning capacity.
5 May 2007 India eNews (India) "Entreprenuer Convicted for Mulitlating Olympic Sailor"
http://www.indiaenews.com/america/20070505/50353.htm reports Lars Schmidt
Grael, an olympic sailor, was hit by a boat propeller while practicing at Vitoria (Vittoria)
in southeast Italy in September 1998. "The boat propeller dilacerated one of the sailor's
legs, which had to be amputated later." The boat that struck him had crossed over the
lines marking the competition area before striking him. The Italian Supreme Court of
Justice (STJ) just upheld a lower court decision convicting the boat operator
(C. de Abreu) and sentencing him to prison for three years and sentenced his father
(the boat owner) to be approximately $3,632 monthly to the victim for the remainder
of his lifetime, plus indemnities of about $1.23 million.
Mock Case - 4 May 2007 The Star-Ledger (New Jersey) "If It Pleases the (Mock) Court"
reports
the New Jersey Law Center in New Brunswick NJ held a mock court yesterday where
high school teams from across the country faced each other in a mock trial.
The mock case involved a group of high school seniors taking their parents
powerboats for a midnight cruise that turned tragic when one of the boats
struck and killed a swimmer near the beach with its propeller. The prosecution
claimed the boat operator was drinking that night and seen later trying
to pry shredded swim trunks from the boat's propeller. Students, police
and medical experts testified in the two day event involving 14 teams
at the American Mock Trial Invitational. We were also able to find the
actual mock court case documents.
Daniel J. Regan, et al v. Starcraft Marine LLC
27 Feb 2007 - Daniel Regan, a U.S. Army soldier was passenger on a Starcraft Marine pontoon boat rented from an
Army recreational facility on Toledo Bend Reservoir near Army Recreational Cove in Sabine Parish Louisiana. He was
standing on near the bow, the driver slowed the boat, he fell forward, grabbed the gate, but it ripped loose and he
fell overboard and was struck by the propeller. This section of the lawsuit decided on 27 Feb 2007 in US District
Court fo the Western District of LA, Shreveport Division had to do with Starcraft attempting to bring in the
United States Government as a third party in the suit. The U.S. government was dismissed from responsibility.
Daniel J. Regan, et al v. Starcraft Marine LLC
Civil Action No. 06-1257
US District Court fo the Western District of LA, Shreveport Division
2007 U.S. Dist. LEXIS 26588
Decided February 27, 2007, Decided
9 July 2006 Staten Island Advance (NY) "Drowned Teen's Parents File Wrongful Death Suit"
reports parents
of a 14 year old boy killed by propeller on a whale watching boat (90 foot Whale Watcher II) near Cape May Point
NJ on 30 Apr 2005 (accident covered in our accident reports) filed a wrongful death suit in U.S. District Court
in Camden NJ on Thursday July 6th. They claim claim the boat owners of failed to take safety precautions that
would have prevented the death of their son, Nicholas Johs. The suit names Cape May Whale Watch and Research
Center, its owners and the pilot.
James Smith v. Benjamin Richard Perese and Perese Abalone Diving Pty Ltd (Australia)
28 Apr 2006 Illawarra Mercury (Australia) "$1.8m Case Win" reports a large legal award to James Smith of MT Warrigal who was snorkeling/spearfishing near Brush Island on the South Coast 12 Oct 2001 when struck by a propeller. The parties (Benjamin Richard Perese and Perese Abalone Diving Pty Ltd) have agreed to the amount inthe NSW Supreme Court, but the Justice has yet to determine the final payout.
Fook v. Outboard Marine Corporation
An article titled, Lawsuit Opens in Boating Accident in Skagit Valley Herald (state of Washington) dated 11 May 2005 reports a 1999 accident involving Gerardus Ah Fook is coming to trial in Skagit County Superior Court. About a year after the propeller injury he filed a suit against Outboard Marine Corporation, Hi-Lex (manufacturer of the throttle and gear shifter in use on the 1983 boat), the boat owners and their son (driver of the boat). Settlements have been previously reached with Hi-Lex and the family. Ah Fook's lawyer, Larry Setchell (with Helsell Fetterman LLP of Seattle), told the jury if the 1983 Sunrunner Runabout had a propeller guard, his client would have suffered minor injuries instead of nearly bleeding to death. Jay O'Sullivan, lawyer for OMC (probably with O'Sullivan & Blotch PLLC of Seattle) said the accident was the result of a series of bad decisions by Ah Fook and the boat owners, and a faulty throttle system. He says a propeller guard would not have helped and might have made matters worse. The three week trial began Monday May 9th, 2005 with jury selection and OMC was found not responsible on Tuesday 31 May 2005.
Daniel Sinacola v Township of Leland
No. 248068, No. 252107
Court of Appeals of Michigan
2004 Mich. App. LEXIS 3183
Decided November 18, 2004
Mr. Sinacola was struck by one or two boats on 7 August 2001 while in a party raft with several other people. Another person possible acting as a Leland Township employee responded to a distress cell phone call from another vessel went to aid them and was then returning along with the second vessel when one or both of them drove over the raft, striking Mr Sinacola with the propeller(s).
Filed 3 March 2004 - Dwayne and Linda Howard v. Mercury MerCruiser and Beachcomber Boats. U.S. District Court for
Eastern District of Texas, Texarkana Division. Their daughter Shelby Howard fell from a pontoon boat on 11 June 2003
and was killed by its propeller.
Michael Davis v. Skeeter Boats and Yamaha
3 Sept. 2003 - a case primarily focusing on the possible overpowering of a bass boat, resulting in two people overboard, a propeller strike and paraplegic, was settled for $6 million.
Shrayber v. Holiday Harbor, Inc.
2003 WL 21197691 (Cal.App. 1 Dist., May 22, 2003) (NO. A099975)
Shrayber injured his right leg when he was pulled into a the propeller of a rented houseboat propeller on Lake Shasta.
At the time of his injury, Mr Shrayber was swimming behind the houseboat attempting to help the person that rented the boat back
it into a slip. California Houseboat case ruling overturned - Original case was awarded to Holiday Harbor at least partially based on Federal preemption. The appeal (one of the first after Sprietsma) cited the recent U.S. Supreme Court Sprietsma case and the case was awarded to Shrayber.
Sprietsma v. Mercury Marine
The U.S. Supreme Court recently found against Mercury Marine in Sprietsma v. Mercury Marine.
At issue before the court was did the Federal Boating Safety Act of 1971 pre-empt recovery in propeller injury lawsuits
filed in state courts based on the manufacturer's failure to install propeller guards. On Dec. 3, 2002, the Supreme Court said it did NOT.
This decision may eventually have greater impact on the industry than any other decision in recent years.
LaPlante v. Wellcraft Marine Corp.
94 Cal.App.4th 282, 114 Cal.Rptr.2d 196, 2002 A.M.C. 130, Prod.Liab.Rep. (CCH) P 16,234, 01 Cal. Daily Op. Serv.
10,198, 2001 Daily Journal D.A.R. 12,715 (Cal.App. 2 Dist., Dec 06, 2001) (NO. B145562)
Then, 11 years old, LaPlante was a 1998 was passenger sitting in the bow of a Wellcraft / Genmar boat.
He was thrown from the boat and struck by it (NOT by the propeller). Suit focused on lack of hand holds / rails.
Defense used Federal Pre emption and cited the prop guard cases (they said the Coast Guard did not say
all boats needed a hand holds/rails , so states could not require a boat to have them).
Vanderpool v. Edmondson (driver)
and his father (owner of pontoon boat), Tracker Marine, Brunswick Corporation, the retailer of the pontoon boat and
motor; and others.
2002 WL 32059024 (E.D.Tenn.) AND Vanderpool v. Edmondson, 2004 WL 1873720 (E.D.Tenn., Jan 05, 2004) (NO.
1:01-CV-147)
On May 20, 2000, R. Vanderpool (a young lady) was a passenger on a pontoon boat
owned by J. Edmondson and operated by his son, R. Emondson. At approximately 6:30 p.m.,
while the boat was anchored in the Tennessee River, the young lady was holding onto
the front of the deck of the pontoon boat with her hand and treading water.
R. Edmondson suddenly started the motor, moving the boat forward. The young lady
lost her grip on the boat; the boat passed over her. She was struck by the boat motor.
The courts first ruled if Federal Admirality Jurisdiction applied. The accident occured
on a slough with ties to the Tennessee River. The Edmonson's argued the court did
not have jurisdiction. The court ruled it did on July 31, 2002.
Later, Brunswick successfully moved for a non-jury trial.
Mary Jo Wall, et al v. Calcasuieu Parish Police Jury
Court of Appeals of Louisiana, 3rd Circuit
2002-0451 (La.App. 3 Cir. 12/11/02);
833 So. 2d 528; 2002 La. App. LEXIS 3744
December 11, 2002, Rendered
Kenneth J. Wall, age 39, was swimming in a marked swimming area on Prien Lake off Israel LaFleur
beach (south of Interstate 210) on 6 Sept 1999 when he was stuck by an unidentified boat. An
autopsy reported he died "as the result of chop-type injuries of the head from a boat's propeller."
The suit alleges there were not enough buoys and rope marking the swimming area. At issue was if
maritime law applied to a swimmer in navigable waters. The case was ruled to fall under maritime law.
LaPlante v. Wellcraft Marine Corp.
94 Cal.App.4th 282, 114 Cal.Rptr.2d 196, 2002 A.M.C. 130, Prod.Liab.Rep. (CCH) P 16,234, 01 Cal. Daily Op. Serv.
10,198, 2001 Daily Journal D.A.R. 12,715 (Cal.App. 2 Dist., Dec 06, 2001) (NO. B145562)
Then, 11 years old, LaPlante was a 1998 was passenger sitting in the bow of a Wellcraft / Genmar boat.
He was thrown from the boat and struck by it (NOT by the propeller). Suit focused on lack of hand holds / rails.
Defense used Federal Pre emption and cited the prop guard cases (they said the Coast Guard did not say
all boats needed a hand holds/rails , so states could not require a boat to have them).
Haley Shannon (a minor) v. Phillip Rhodes.
Fifth Appellate District in Court of Appeals of State of
California. 1 October 2001 filed for partial publication.
On 27 Aug 1997 Rhodes tooks the Shannons boating on Lake Kaweah. Haley, then age six, fell overboard and was
struck by the propeller.
Australian Case -
2 Dec 2000 Gold Coast Bulletin (Australia) "$700,000 Paid Out for Diving Accident" reports the results of a recent trial involving a diver being struck by a propeller. Thomas Abrey of Norfolk, England was hit on his left forearm by the outboard motor propeller of a safety tender while he was snorkelling of Keppel Island. he was taken to Rockhampton Base Hospital then airlifted to Brisbane's Princess Alexandra Hospital. As a result of his injuries his left arm was amputated below the elbow. Mr. Abrey sued Keppel Tourist Services Pty Ltd (operator of the tender), and the driver alleging the company failed to use a guard similar to those used with surf lifesaving boats that would have prevented the accident.
Lady v. Neal Glaser Marine
66 F.Supp.2d 818 (S.D.Miss., May 07, 1999) (NO. 1:98CV168RG)
228 F.3d 598, 2000 A.M.C. 2958, Prod.Liab.Rep. (CCH) P 15,908 (5th Cir.(Miss.), Sep 26, 2000) (NO. 99-60382)
Decision was affirmed by the 5th Circuit Court
228 F. 3d 598 (5th Circuit 2000).
S. Lady fell from a PWC in a near boat collision and was ran over by a friend following in a boat on May 7, 1995 at Bayou La
Croix in Hancock County, Mississippi. He sued the dealer (Neal Glaser Marine) and OMC the boat manufacturer. The dealer was
later dropped from the suit. The suit was filed in Mississippi State Court. OMC received
Summary Judgement (case dismissed on preemption of Federal Boating Safety Act).
David A Parket Enterprises v. Jack Wayne Templeton Sr
Circuit Court of Virginia Beach March 1, 1996.
Trial involves on an employee of a jet ski rental operation using a boat to pick up a person after they fell from a jet ski. Testimony focused on determining if the person who fell from the jet ski and was struck by the boat's propeller was struck by a "rotating" propeller or if the propeller was at rest. If the propeller was rotating, it was seen as an indication the employee manuevered the boat too close while under power.
Ard v. Jensen and Brunswick Corp, and Glastron
996 S.W.2d 594, Prod.Liab.Rep. (CCH) P 15,625 (Mo.App. W.D., May 04, 1999) (NO. WD 56041).
On May 29, 1988 a person in the water preparing to ski was backed over by the boat.
Becker v. U.S. Marine - Becker v. U.S. Marine Co.
88 Wash.App. 103, 943 P.2d 700, Prod.Liab.Rep. (CCH) P 15,076 (Wash.App. Div. 1, Sep 22, 1997) (NO. 38568-2-I).
Passenger was riding in the bow seating area of boat pulling a skier. Skier fell, driver turned the boat sharply and passenger fell in. Passenger was struck by the hull and propeller
14 Aug 1996 Dallas Morning News "Lake Crash Victim Sues State, Marina" reports Stephanie Booker
who received severe facial lacerations in a propeller strike on Lake Lewisville (TX) on 18 June 1995
(sometimes the accident is listed as 17 June) from a high performance boat that hit the vessel she
was in and ran. She has filed suit seeking $50 million from the Texas Wildlife Dept and several
businesses associated with a marina near the site of the accident. She claims the accident happened
in a "No Wake" area near the marina and suggests the marina was negligent in marking the No Wake Zone,
lighting it and enforcing it. The suit also names two unknown boat operators and a list of businesses
thought to be associated with Scott's Pier 121 Marina.
Lewis v. Brunswick
U.S. Court of Appeals. Eleventh Circuit. No. 96-8130. AND 107 F.3d 1494, 65 USLW 2642, 1997 A.M.C. 1921,
Prod.Liab.Rep. (CCH) P 14,903, 97 FCDR 1601, 10 Fla. L. Weekly Fed. C 767.
Passenger was thrown or fell from boat and struck by propeller. The case is
reported online.
Lewis v. Brunswick involved an Oklahoma teenage girl who fell into the water and was fatally
injured by a propeller. The decision in favor of Brunswick was upheld in the 11 Circuit and the
family pushed the case to the Supreme Court. The case was settled for an estimated $700K
(probably small in terms of the legal expenses) but sets a new precedent for Brunswick which
has not backed down from a prop suit. Perhaps they felt the court was about to reverse their
long standing federal preemption defense? This case should particularly interest boat builders
in new methods of protecting people in the water.
Lewis v. Brunswick 11th Circuit Court Opinion
Sharon A. Southern, et al v. John M. Lyons, et al
Number 97-19
Court of Appeals of Louisiana, 3rd Circuit
97-19 (La.App. 3 Cir. 05/28/97);
696 So. 2d 128; 1997 La. App. LEXIS 1481
May 28, 1997, Decided
A man was getting ready to take some boys from his Sunday School bus route for a boat ride on
June 8, 1991 on Buhlow Lake in Pineville LA. He dropped then off at the lake while he on the way
to his house to pickup his boat. The boys started playing in the water and one of them, Donnie Free,
was struck by the propeller of a boat operated by Mr. Lyons. The boy received "extensive lacerations
over the back of his left hip, shallower lacerations up his back and under his left arm pit, and
lacerations and abrasions on his left thigh." His mother, Sharon Southern, sued the boat operator.
The initial award placed the boy and operator both at 50 percent fault. This appeal reduced the boy's
fault to 20 percent.
Eileen Anne Neely v. Club Med Management Services. U.S. Court of Appeals for the Third Circuit. NOs. 93-2069
and 93-2102. On Appeal From the United States District Court For the Eastern District of Pennsylvania
(D.C. Civ. No. 91-cv-07416). Argued: August 8, 1994. Reargued in banc February 7, 1995. (Filed July 26, l995 ).
An employee of Club Med, she was injured when sucked into the propellers of a scuba diving vessel, the Long John
at St. Lucia.
Ryan v. Brunswick Corp.
454 Mich. 20, 557 N.W.2d 541, Prod.Liab.Rep. (CCH) P 14,862 (Mich., Jan 28, 1997) (NO. 102762, 14) AND 557 N.W.2d 541
Plaintiff-appellant's husband, died on September 23, 1989, from injuries received when he was struck by
a propeller while he was swimming.
In Ryan v. Brunswick
the Michigan Supreme Court affirmed: 209 Mich App 519; 531 NW2d 793 (1995).
Another version of the case report is online in
Lawyer's Weekly.
Allen v. Minnstar (Wellcraft / Genmar) and OMC
Allen v. Minnstar, Inc., 8 F.3d 1470, 1997 A.M.C. 2111, 27
Fed.R.Serv.3d 36, Prod.Liab.Rep. (CCH) P 13,678 (10th Cir.(Utah), Nov 01,
1993) (NO. 90-4004, 90-4199)
U.S. Tenth Circuit Court of Appeals. Filed 11 Oct. 1996.
The findings are reported online.
Allen went for a midnight boat ride with some friends August 30, 1985 on Lake Powell in a 1978 Wellcraft Marine, Model 165 Airslot I/O, powered by an OMC 140 horsepower inboard/outboard engine. He was sitting in the front of the boat when the driver made a
sharp turn to avoid an obstacle, was ejected and struck by the propeller. His leg was later amputated above the knee.
Moss v. Outboard Motor Corporation
915 F.Supp. 183, 1996 A.M.C. 1409, Prod.Liab.Rep. (CCH) P 14,626, 96 Daily
Journal D.A.R. 4566
Passenger and her sister were boating in a pontoon boat on Lake Almanor, California
on August 6, 1993. Passenger allegedly sustained emotional distress after her sister
fell into the water from the front deck of a pontoon boat and was later struck by the propeller.
Carstensen
v. Brunswick Corp.
49 F.3d 430, 63 USLW 2608, 1996 A.M.C. 248, Prod.Liab.Rep. (CCH) P 14,166 (8th Cir.(Neb.),
Mar 03, 1995) (NO. 94-2982).
A lady fell from a boat and was struck by its propeller.
Seymour v. Brunswick Corp.
655 So.2d 892, Prod.Liab.Rep. (CCH) P 14,228 (Miss., May 11, 1995) (NO. 91-CA-01136-SCT)
Accident which occurred on August 8, 1982. A young lady went to Grenada Lake
with the boat driver and six other friends. Boat was a 19 foot Glastron with a 165hp
MerCruiser owned by the boat driver. Shortly after 6:00 p.m. the young lady and two
other girls fell from a towed inner tube and she was later injured by the propeller of the tow boat .
Brown v. Outboard Motor Corporation
1995 WL 795704 (E.D.Mich.), 1995 A.M.C. 2792
Injured while "tubing" in the Detroit River.
de Cruz v. H2O Houseboats, 38 ATLA L. Rep. 386 (Dec. 1995) No. LR2558.
The Case involving Emilio de Cruz, who was struck by a houseboat propeller.
His mother went on to found SPIN.
Moore v. Brunswick Bowling & Billiards Corp.
889 S.W.2d 246, 62 USLW 2688, Prod.Liab.Rep. (CCH) P 13,856 (Tex., Apr 20, 1994) (NO. D-3997).
853 S.W. 2nd, pages 842-850.
A girl swimming on May 4, 1986 was struck by a propeller.
Fitzpatrick v. Madonna and Outboard Marine Corporation
FlgFitzpatrick v. Madonna, 424 Pa.Super. 473, 623 A.2d 322, Prod.Liab.Rep.
(CCH) P 13,574 (Pa.Super., Feb 23, 1993) (NO. 2588 PHILA 1991)
On afternoon of August 10, 1980, a 16 year old young man was swimming with
his sister and several friends at Pat Cong Creek Cove, near Ocean City, New Jersey.
He was struck and killed by a motorboat operated by M. Madonna. Fitzpatrick
and a friend were swimming in fairly deep water when the motorboat, which was
being accelerated passed over the area in which Fitzpatrick was swimming.
Seven Crown Resorts, Inc., dba Bridge Bay Resort v. James Arthur Canten; Delta Upsilon,
Stacey Lynn Epping. No. 93-17196. U.S. Court of Appeals for the Ninth Circuit.
57 F.3d 771; 1995 U.S. App. Lexis 14433; 1995 AMC 2087; 95 Cal. Daily Op. Service 4423;
95 Daily Journal DAR 7599.
Stacey Epping houseboat propeller accident 7 May 1992 at Bridge Bay Resort on Lake Shasta.
Pree v. Brunswick Corp.
983 F.2d 863, Prod.Liab.Rep. (CCH) P 13,476 (8th Cir.(Mo.), Jan 07, 1993) (NO. 91-3402
On July 5, 1985, a passenger fell from the back of a 1985
Wellcraft Scarab II pleasure boat. Several friends spent the July 4th
weekend at the Lake of the Ozarks. On the morning of July 5th, at about 1:15 or
1:30 a.m., a driver attempted to dock the boat which was powered by twin
Mercury Marine 330 horsepower motors in some rain, choppy water and lightening.
While backing into the slip, the driver asked the passenger to "get the back of the boat."
Passenger was standing on the swim platform, reached out to grab the dock pole,
the boat suddenly moved forward and passenger fell in and was injured by a propeller.
Shield v. Bayliner Marine Corp.
822 F.Supp. 81, 1993 A.M.C. 2502 (D.Conn., May 12, 1993) (NO. CIV. N-87-221(WWE))
776 Federal Supplement pages 1579-1583.
In June 1985,a fourteen year old boy fell from the bow of a boat on the Potomac River
(under maritime law) and was fatally injured by the propeller.
Farner v. Brunswick Corp.
239 Ill.App.3d 885, 607 N.E.2d 562, 180 Ill.Dec. 493, 61 USLW 2564, Prod.Liab.Rep. (CCH) P 13,523 (Ill.App. 2 Dist.,
Dec 17, 1992) (NO. 2-91-1432).
Lady was struck on July 14, 1983.
Calabro v. Outboard Motor Corporation
599 So.2d 717, 17 Fla. L. Weekly D1331, Prod.Liab.Rep. (CCH) P 13,238
District Court of Appeal of Florida, Third District. No. 91-2221. May 26, 1992.
Amateur miniboat racer was thrown from his boat and struck by another boat's propeller.
Mowery v. Mercury Marine, Div. of Brunswick Corp.
773 F.Supp. 1012, 1993 A.M.C. 2694 (N.D.Ohio, Aug 13, 1991) (NO. 1:90 CV 1212).
Person on an inflatible raft on Lake Erie was struck by a propeller at approximately 9:30pm August 7, 1988.
Veal v. Teleflex, Inc.
586 So.2d 188, Prod.Liab.Rep. (CCH) P 12,958 (Ala., Aug 23, 1991) (NO. 88-1605, 88-1606, 88-1661, 88-1662)
September 1, 1986 L. Veal, another man and J. Stidham, owner of the bass boat, were heading for their fishing spot
on Bear Creek Lake when the steering system allegedly broke causing the boat to begin "end swapping." All three passengers
were ejected and the boat began to move in a circle. Veal, not wearing a life jacket, drowned and the boat owner was decapitated by the propeller. The third man was rescued by a nearby boat.
1 August 1991 Business Law Brief "Defense Verdict After Settlement" reports on the McGrath v. Boston Whaler
propeller injury suit in which a man lost both his legs after being thrown from a vessel in a high speed
turn and being struck by the propeller. Yamaha (manufacturer of the engines) said it was not practical
to "fix guards" (probably trying to say its not practical to affix them to their drives). During the trial,
the plaintiff settled, the judge told the jury of the settlement, and the jury gave a unanimous verdict for
the boat owner and the engine distributor on 10 May 1991. Lexis Nexis has a summary of this brief.
Beech Through Beech v. Outboard Marine Corp.
584 So.2d 447, Prod.Liab.Rep. (CCH) P 12,892 (Ala., May 03, 1991) (NO. 89-1815-CER)
An eight-year-old boy who sues through father for allegations he was
run over while swimming with his father by a boat powered by an 88
horsepower OMC Johnson outboard motor.
Elliott v. Brunswick Corp.
903 F.2d 1505, Prod.Liab.Rep. (CCH) P 12,543 (11th Cir.(Ala.), Jun 25, 1990) (NO. 89-7190).
Juvenile was injured by a rotating propeller after they jumped at night from pier into the water next to a boat.
Kunreuther v. Outboard Marine Corporation
715 F.Supp. 1304, 1990 A.M.C. 727 (E.D.Pa., Jun 23, 1989) (NO. CIV.A.87-8330)
On June 3, 1987, a lady and her husband were vacationing in Montego Bay,
Jamaica. The lady was struck by a propeller while snorkeling in Jamaican waters
and died the next day. The boat was a 22 foot Mako with a 175 horsepower
Evinrude outboard motor.
Davis v. Brunswick Corp.
854 F.Supp. 1574, 1995 A.M.C. 120. July 16, 1989.
A lady swimming was struck by a boat driven by a relative and injured by the propeller.
Fields v. Outboard Marine Corporation
776 F.Supp. 1579, 1993 A.M.C. 1215, Prod.Liab.Rep. (CCH) P 13,101
United States District Court, M.D. Georgia, Albany Division. Civ. No. 90-4-ALB/AMER(DF). Oct. 30, 1991.
Boat driver lost control of boat in Wakulla County, Florida on July 3, 1989
when it hit a submerged object and a lady fell overboard. She was struck by
the propeller.
Mulhern v. Outboard Marine Corp.
146 Wis.2d 604, 432 N.W.2d 130, 135 (1988).
Accident allegedly caused by defect in design of throttle that allegedly caused a boat to lunge forward, throwing passenger partly out of the boat where they came in contact with the propeller.
A 14 August 2007 report from Lawrence E. Thibault of Biomechanics, Inc. to Stephen Bolden
(attorney that represented several people struck by propellers) includes a brief analysis
of 19 propeller cases, including sketches of the accident, accident date, location, and the
attorneys involved.
Case Name - Accident Date - Accident Location - Attorneys
- Fitzpatrick v. Madonna & OMC. - 10 Aug. 1980 Ocean City NJ. - Bolden
- Boyd v. Chrysler. - 6 Sept 1982. Tenkiller Lake, Oklahoma. - Scoufoa/Bolden
- Gburek v. Starcraft & OMC. - 12 Aug. 1982. Crystal Lake, Michigan. - Sherr/Bolden
- Griffith v. Mercury. - 17 Aug 1985. Sandy Hook, New Jersy. - Bolden
- Oldfield, Pallis Pitcavage v. Mastercraft. - 18 Jun 1983. Harvey's Lake, Pennsylvania. - Schaub/Shertz
- Eaker v. AMF. - 29 June 1978. Chicago Illinois area. - Miller
- Ferguson v. Cross & Larson. - 11 Aug 1984. L.A. River Chanel. - Calcagnie
- Madison, et al. v. Taylor's Water Toys, et. al. - 25 Aug 1985. Hot Springs Arkansas. - Rogers
- Faul v. Joss. - 11 July 1981. Fox Lake, Ingleside, Illinois. - Bolden
- Elliot v. Mercury Marine, et. al. - 24 July 1982. Tennessee River, Birmingham Alabama. - Samples
- Schwab v. Mercury Marine. - 16 Sept 1979. Lake Lou Yaeger, Missouri. - Armstrong
- Farner v. Fishleigh, et. al. - 14 Jun 1983. Fox River, Algonquin, Illinois. - Flaherty
- Mackay v. OMC. - 28 Aug 1979. Pocasset River, Massachusetts. - Cantor
- Robertson v. Teleflex Marine. - 4 Aug 1985. Sam Rayburn Lake, Houston, Texas. - Stevens
- Chrzanowski v. Boston Whaler. - 8 Aug 1981. Lake Macatawa Channel, Holland, Michigan. - McArdle
- De Bevec v. OMC. - August 1982. Folson Lake, Sacramento, California. - Anton/Klein
- Nelford v. Glabman v. OMC, et. al. - 8 Sept 1985. Burro Beach, Maricopa City, Arizona. - Cohen/Peshkin
- Walser v. Brunswick Corp., et. al. - 6 July 1985. Lake Meredith, Texas. - Bolden/Smith/Wilcox
- Higginbotham v. OMC, et al. - 22 July 1984. Grapevine Reservoir, Texas. - Bolden
Bailey v. Boatland
609 S.W.2d 743 Rehearing Dec. 17, 1980
Surviving widow and two adult children of 16 foot bass boat owner sued the seller.
Their husband / father was killed in May of 1973 when the boat struck a partially submerged
tree stump. He was ejected, the boat turned sharply and circled back toward
the stump. He was killed by the propeller, but it was unclear if he was struck when
first ejected or after the boat circled back.
Woltering v. Outboard Marine Corporation
615 North Eastern Reporter, 2nd Series, pages 86-89.
Stacey Lee Grace was a passenger on a pleasure craft on the Mississippi River near St. Charles County, Missouri on April 27, 1989. She was thrown from the boat and apparently struck by the propeller of the outboard motor.
John Henry Harris, et al v. W.O. Bardwell dba Bardwell Marina, et al
No. 13876
Court of Appeal of Louisiana, Second Circuit
373 So. 2d 777; 1979 La. App. LEXIS 2840
June 29, 1979
Mr. Harris was with his daughter and some friends in a boat on Lake Bistineau on
13 Aug 1974. They were going about 15mph when an insect stung him on the face, he flinched,
the outboard turned abruptly, his pedestal seat broke loose, he was thrown into the water
and struck by the prop in and around his right knee, and his right shoulder and forearm.
The defendants thought the initial award was high, this court affirmed that award.
Paul R. Roy v. William B. Swayze, Jr., et al.
No. 6941
Court of Appeal of Louisiana, First Circuit
194 So. 2d 109; 1966 La. App. LEXIS 4459
December 28, 1966
On 12 June 1964, a woman was learning to water ski on Blind River, about eight miles upstream
of Lake Maurepas. She had fallen and the boat, operated by Mr. Swayze, circled to pick her up
for another try. Mr. Roy was also skiing. The boat stopped to pick him up first. Mr. Roy thought
the boat was stopped and he wanted to pull a cushion from the front of the boat for extra floatation as
his ski belt was not providing enough floation. He reached over the side into the front seat and
started to kick off with his legs, but his right leg went under the boat and was severely cut
by the outboard motor's propeller. The boat operator reports he thinks Mr. Roy was picked up
first and chose to hang onto the side of the boat while the boat moved to the position of the
woman learning to ski, as it got close to her, he pushed off and was injured. The case was
found in favor of the defendants.
Lyon K. Loomis M.D. v. The Travlers Insurance Company et al
No. 1620
Court of Appeal of Louisiana, Fourth Circuit
169 So. 2d 544; 1964 La. App. LEXIS 2107
December 7, 1964
Hick J. Cheramie, Jr. was injured by a boat propeller when they fell from a boat
on 23 Oct 1960. They were struck in the right arm by the motor's propeller.
Later, Dr. Loomis performed surgery on the right arm. Afterwards, the patient died
in a way unrelated to the surgery or the event. Travelers Insurance refused to pay
the patient's approximately $4,000 medical bill to Dr. Loomis. The lower court found
those charges excessive and was affirmed by this court.
Other cases include:
Hightower v. Cox
418 South Eastern Reporter, 2nd Series, pages 613-616.
Suits below come from Aquarisk site long ago:
Rendall v. Karabas - Foot severed by boat's propellers
Evans v. Bennett - Passenger fell overboard and was run over
Levin v. Bates - Boat driver ran over a fallen skier
Cole v. Eubanks & Manatee County - Boat ran over a skindiver, leg was amputated
Redmon v. Carr - waterskier boarding the boat injured leg on propeller
Schenck v. Walt Disney World Ferryboat ran over a patron in rental boat
Koble v. Tabor - swimmer ran over by a boat
Meyer v. City of Clearwater - Boat ran over swimmer near buoys
Stamper v. Goldring/Hewes - Boat without kill-switch ran over the driver
Riley v. Zodiac of North America - Boat ran over ejected driver resulting in propeller injuries
Raines v. Renken Boat Manufacturing - Boat without kill-switch struck ejected driver
Kavezadeh v. Zodiac of France - Woman injured by propeller when fell from a pontoon boat
Caban v. Walt Disney World - Boy injured arm when caught in propeller guard
Ramsey v. Catfish Bay Marina - Propeller of rented boat injures person fallen from tube
Higgins v. Ocean City Amusement Park - Skeeter boat flipped, propeller injured rider
Suits below came from Aquarisk's Aquatic Risk Management site in early 2008.
- Phillips v. Burkhardt. Waterskiing. His case start date 31 May 2004.
- Wayne Meylor/Neal Meylor. Waterskiing. Iowa District Court for Plymouth County. His start date 29 Nov. 2003.
- Forsyeth v. Gavin. PWC collision w/boat. His start date 26 Apr. 2000.
- Bishop Radunsky v. Thyrre. Snorkler hit by propeller. 11th Judicial Circuit Court, Dade Co. FL. His start date 24 May 1998.
- Rendall v. Karabas. Foot severed. Circuit Court, 11th Judicial Circuit, Dade County, FL General Jurisdiction Division. His start
date 14 Aug 1989.
- Giobbi v. Lahaina Divers. Woman jumped from dive boat. U.S. District Court for District of Hawaii. His start date 31 Dec. 1969.
