|
Even a small boat can be involved in a big lawsuit....
And yet another "sobering" example of why alcohol and water mix so
poorly. (The skipper should not drink until the boat is docked for the day, at least IMO). ************************ Lawsuit filed in fatal Nebraska boat crash AP Posted: 2007-09-05 10:58:09 PAPILLION, Neb. (AP) - An Arizona man has filed a wrongful-death lawsuit against a Nebraska lake association and a man whose boat struck another, resulting in the deaths of his parents. Scott Gilfillan of Peoria filed the lawsuit in Sarpy County on behalf of his parents' estate. The defendants are Kenneth Tonn, 60, the boat driver, and the Eastern Sarpy County Lake Improvement Association. Tonn has been charged in the deaths of Kathleen Gilfillan, 57, and her husband, David Gilfillan, 61. Tonn was charged with manslaughter in the death of Kathleen Gilfallan and assault for the injuries to her husband, who died 11 days later. The Sarpy County Attorney's Office said Wednesday that a motion to amend the assault charge to manslaughter will be heard in court on Sept. 10. The lawsuit says that on July 15, Tonn lost control of his boat on the private lake and the boat struck the Gilfillans, who were sitting on the rear of a beached boat. Tonn's blood-alcohol level tested out at more than twice the legal limit, authorities said. Information from: Omaha World-Herald, http://www.omaha.com |
Even a small boat can be involved in a big lawsuit....
On Wed, 05 Sep 2007 15:26:57 -0700, Chuck Gould
wrote: And yet another "sobering" example of why alcohol and water mix so poorly. (The skipper should not drink until the boat is docked for the day, at least IMO). I'm in total agreement, but I'm sure you wouldn't agree with my solution to the problem of drunk driving. :) ************************ Tonn's blood-alcohol level tested out at more than twice the legal limit, authorities said. Unreal. In my world, that guy would be a slave forever to the victims and/or the state. |
Even a small boat can be involved in a big lawsuit....
That's bull****, trying to sue the association too. Money grubbing children
trying to score the lottery. |
Even a small boat can be involved in a big lawsuit....
Article link: http://www.omaha.com/index.php?u_pag...u_sid=10124181
Published Wednesday | September 5, 2007 Lawsuit filed in fatal Sarpy boat crash BY JOE DEJKA WORLD-HERALD STAFF WRITER The son of a couple killed in a Sarpy County boating accident has filed a wrongful-death lawsuit against the boat driver and the private lake association. Authorities say Kenneth Tonn was under the influence of alcohol July 15 while operating the boat that struck and killed David and Kathleen Gilfillan of Bellevue on Hanson Lake No. 2. Scott Gilfillan of Peoria, Ariz., on behalf of his parents' estate, is suing Tonn as well as the Eastern Sarpy County Lake Improvement Association, alleging the association had a duty to keep the lake safe for everyone on the water. The lawsuit seeks funeral expenses and unspecified damages for loss of comfort and companionship. Tonn, 60, declined to comment Tuesday on the lawsuit. Attempts to reach the association for comment were unsuccessful. Tonn is charged in Sarpy County Court with manslaughter in the death of Kathleen Gilfillan, 57. He also is charged with second-degree assault in connection with injuries to David Gilfillan, 61, who died 11 days later. The Sarpy County attorney is seeking to upgrade that charge to manslaughter. Tonn, who lives at the lake, had a blood-alcohol level of .177 percent — more than twice Nebraska's legal limit of .08 percent — at the time of the crash, authorities have said. The couple's son and two daughters are "devastated," their attorney, Timothy O'Brien, said Tuesday. "Like any tragedy, they're dealing with it best they can," O'Brien said. According to the lawsuit filed last week in Sarpy County District Court, David and Kathleen Gilfillan were seated on the rear of a boat beached on shore when Tonn lost control of his boat and struck them. Tonn was steering a 16-foot white 1974 Invader motorboat through a channel about 265 feet wide, with boat docks jutting out on either side. He was towing a raft on which his wife and 10-year-old granddaughter were riding. The rope became entangled on the boat, and Tonn apparently turned away from the boat controls for 10 to 15 seconds, authorities said. The lawsuit alleges that Tonn failed to keep a proper lookout, operated a boat while drunk and failed to control the boat. It also alleges that the deaths occurred as a direct result of the lake association's negligence. The association, the lawsuit says, allowed Tonn to drive drunk, failed to monitor and control watercraft on the lake, failed to ensure that boaters complied with the Nebraska Safe Boating Act and allowed unsafe boat operation though they had knowledge it was going on. |
Even a small boat can be involved in a big lawsuit....
On Sep 5, 6:10?pm, "Bill Kearney" wkearney-99@hot-mail-com wrote:
That's bull****, trying to sue the association too. Money grubbing children trying to score the lottery. It might depend on a few things. Does the "association" run a bar as one of the amenities of this private lake? If so, the association's bar tender has the same obligation as any other not to serve somebody that is inebriated. Good grief- especially knowing full well that the drinker is going to go out on the lake and operate a boat at high speed. I think if the boater got drunk at the association's bar, the association will have a tough time getting off the hook. The plaintiff may wind up owning the entire private lake. |
Even a small boat can be involved in a big lawsuit....
"Bill Kearney" wkearney-99@hot-mail-com wrote in
: Article link: http://www.omaha.com/index.php?u_pag...u_sid=10124181 Published Wednesday | September 5, 2007 Lawsuit filed in fatal Sarpy boat crash BY JOE DEJKA WORLD-HERALD STAFF WRITER The son of a couple killed in a Sarpy County boating accident has filed a wrongful-death lawsuit against the boat driver and the private lake association. Authorities say Kenneth Tonn was under the influence of alcohol July 15 while operating the boat that struck and killed David and Kathleen Gilfillan of Bellevue on Hanson Lake No. 2. Scott Gilfillan of Peoria, Ariz., on behalf of his parents' estate, is suing Tonn as well as the Eastern Sarpy County Lake Improvement Association, alleging the association had a duty to keep the lake safe for everyone on the water. The lawsuit seeks funeral expenses and unspecified damages for loss of comfort and companionship. Tonn, 60, declined to comment Tuesday on the lawsuit. Attempts to reach the association for comment were unsuccessful. Tonn is charged in Sarpy County Court with manslaughter in the death of Kathleen Gilfillan, 57. He also is charged with second-degree assault in connection with injuries to David Gilfillan, 61, who died 11 days later. The Sarpy County attorney is seeking to upgrade that charge to manslaughter. Tonn, who lives at the lake, had a blood-alcohol level of .177 percent — more than twice Nebraska's legal limit of .08 percent — at the time of the crash, authorities have said. The couple's son and two daughters are "devastated," their attorney, Timothy O'Brien, said Tuesday. "Like any tragedy, they're dealing with it best they can," O'Brien said. According to the lawsuit filed last week in Sarpy County District Court, David and Kathleen Gilfillan were seated on the rear of a boat beached on shore when Tonn lost control of his boat and struck them. Tonn was steering a 16-foot white 1974 Invader motorboat through a channel about 265 feet wide, with boat docks jutting out on either side. He was towing a raft on which his wife and 10-year-old granddaughter were riding. The rope became entangled on the boat, and Tonn apparently turned away from the boat controls for 10 to 15 seconds, authorities said. The lawsuit alleges that Tonn failed to keep a proper lookout, operated a boat while drunk and failed to control the boat. It also alleges that the deaths occurred as a direct result of the lake association's negligence. The association, the lawsuit says, allowed Tonn to drive drunk, failed to monitor and control watercraft on the lake, failed to ensure that boaters complied with the Nebraska Safe Boating Act and allowed unsafe boat operation though they had knowledge it was going on. The only thing the association is guilty of is having money and/or insurance. |
Even a small boat can be involved in a big lawsuit....
Gene Kearns wrote:
On Wed, 5 Sep 2007 21:10:10 -0400, Bill Kearney penned the following well considered thoughts to the readers of rec.boats: That's bull****, trying to sue the association too. Money grubbing children trying to score the lottery. I disagree... at least, in principle... what is the purpose of a "Lake Association" other than the purpose of social engineering. If the "association" has failed to control the thoughts and behaviors of one of its minions.... it should be held accountable..... and so should all of the people (the "Association") that felt they could control the actions of others........ Ditto all of those other "Associations" a la HOA..... .... Go Figure..... Gene, I know you don't like HOA's, but do you really think the Association should be held libel for "damages" because someone was drunk on the lake? If that is true, couldn't we hold the C of E's responsible for "damages" due to all DUI's and any other accidental deaths on lakes under their control? While the reward would not be as great, we could also sue any and all lake owners if someone drowned in their private lake even if the victim or the one responsible for the death was trespassing. After all a lake should be fenced in to prevent people from trespassing, it really is an attractive nuisance. Now if, as Chuck said, the Association ran a club on the lake and served the individual alcohol that contributed to the person being drunk, I think they should be held responsible, but not just because they have set up an Association to set up and enforce covenants for the lake. |
Even a small boat can be involved in a big lawsuit....
Bill Kearney wrote:
That's bull****, trying to sue the association too. Money grubbing children trying to score the lottery. I am no lawyer, but I recall from a Business Law class, the instructor, who also happened to be a local judge, commented about a similar scenario. This is para-phrased as it's been a few years, but the concept is spot on: "It is not always a matter of who is right or wrong, but who or what entity in the chain has the most money". We has been discussing a product liability case in which the local shop that sold the product to the consumer, along with EVERY company with any involvement in the processing & production was named in the lawsuit. |
Even a small boat can be involved in a big lawsuit....
On Sep 5, 6:11?pm, "Bill Kearney" wkearney-99@hot-mail-com wrote:
The association, the lawsuit says, allowed Tonn to drive drunk, failed to monitor and control watercraft on the lake, failed to ensure that boaters complied with the Nebraska Safe Boating Act and allowed unsafe boat operation though they had knowledge it was going on. So it sounds like he didn't get sloshed at a bar operated by the association. Now the plaintiff will have to convince a jury that somebody in charge knew the boater was drunk and had the power to stop him from operating his boat but failed to do so. That will be a much tougher sale. |
Even a small boat can be involved in a big lawsuit....
On Sep 6, 11:04 am, Chuck Gould wrote:
On Sep 5, 6:11?pm, "Bill Kearney" wkearney-99@hot-mail-com wrote: The association, the lawsuit says, allowed Tonn to drive drunk, failed to monitor and control watercraft on the lake, failed to ensure that boaters complied with the Nebraska Safe Boating Act and allowed unsafe boat operation though they had knowledge it was going on. So it sounds like he didn't get sloshed at a bar operated by the association. Now the plaintiff will have to convince a jury that somebody in charge knew the boater was drunk and had the power to stop him from operating his boat but failed to do so. That will be a much tougher sale. Not always that noticable when someone is drunk, but towing a tube with no lookout on board might be an angle. If someone had noticed that, and pulled him over, this could have ended much differently. |
Even a small boat can be involved in a big lawsuit....
On Thu, 06 Sep 2007 07:32:28 -0400, Reginald P. Smithers III penned
the following well considered thoughts to the readers of rec.boats: Gene Kearns wrote: On Wed, 5 Sep 2007 21:10:10 -0400, Bill Kearney penned the following well considered thoughts to the readers of rec.boats: That's bull****, trying to sue the association too. Money grubbing children trying to score the lottery. I disagree... at least, in principle... what is the purpose of a "Lake Association" other than the purpose of social engineering. If the "association" has failed to control the thoughts and behaviors of one of its minions.... it should be held accountable..... and so should all of the people (the "Association") that felt they could control the actions of others........ Ditto all of those other "Associations" a la HOA..... .... Go Figure..... Gene, I know you don't like HOA's, but do you really think the Association should be held libel for "damages" because someone was drunk on the lake? If that is true, couldn't we hold the C of E's responsible for "damages" due to all DUI's and any other accidental deaths on lakes under their control? While the reward would not be as great, we could also sue any and all lake owners if someone drowned in their private lake even if the victim or the one responsible for the death was trespassing. After all a lake should be fenced in to prevent people from trespassing, it really is an attractive nuisance. Now if, as Chuck said, the Association ran a club on the lake and served the individual alcohol that contributed to the person being drunk, I think they should be held responsible, but not just because they have set up an Association to set up and enforce covenants for the lake. I was posting a bit tongue-in-cheek..... attorneys tend to list, as a defendant, everybody-on-earth that ever-had anything-to-do with whatever-it-was seeking the deepest pockets. It appears to me that these Lake Associations both control who is or is not on the lake and have and enforce their own laws (which are most likely a subset of the local and/or state laws). If I am correct on that point (though not an attorney) I suspect that the plaintiff has a pretty good case and will likely prevail in court. (I suspect that the question will surround whether the victims of the accident had a reasonable expectation of safely enjoying a privately controlled and regulated lake.) Again, don't miss the point that this is all CIVIL litigation made possible by people who willingly signed on the dotted line and exposed themselves to the potential hazards of being a defendant in any future litigation. Lawsuits (nor associations) don't just work in one direction. If you are a member of any of these associations, bear in mind that the association can both sue and be sued. If not properly incorporated, your personal involvement with the association may have exposed you to personal risk. It will be interesting to see how this is finally resolved...... -- Grady-White Gulfstream, out of Oak Island, NC. Homepage http://pamandgene.idleplay.net/ Rec.boats at Lee Yeaton's Bayguide http://www.thebayguide.com/rec.boats ----------------- www.Newsgroup-Binaries.com - *Completion*Retention*Speed* Access your favorite newsgroups from home or on the road ----------------- |
Even a small boat can be involved in a big lawsuit....
Gene Kearns wrote:
On Thu, 06 Sep 2007 07:32:28 -0400, Reginald P. Smithers III penned the following well considered thoughts to the readers of rec.boats: Gene Kearns wrote: On Wed, 5 Sep 2007 21:10:10 -0400, Bill Kearney penned the following well considered thoughts to the readers of rec.boats: That's bull****, trying to sue the association too. Money grubbing children trying to score the lottery. I disagree... at least, in principle... what is the purpose of a "Lake Association" other than the purpose of social engineering. If the "association" has failed to control the thoughts and behaviors of one of its minions.... it should be held accountable..... and so should all of the people (the "Association") that felt they could control the actions of others........ Ditto all of those other "Associations" a la HOA..... .... Go Figure..... Gene, I know you don't like HOA's, but do you really think the Association should be held libel for "damages" because someone was drunk on the lake? If that is true, couldn't we hold the C of E's responsible for "damages" due to all DUI's and any other accidental deaths on lakes under their control? While the reward would not be as great, we could also sue any and all lake owners if someone drowned in their private lake even if the victim or the one responsible for the death was trespassing. After all a lake should be fenced in to prevent people from trespassing, it really is an attractive nuisance. Now if, as Chuck said, the Association ran a club on the lake and served the individual alcohol that contributed to the person being drunk, I think they should be held responsible, but not just because they have set up an Association to set up and enforce covenants for the lake. I was posting a bit tongue-in-cheek..... attorneys tend to list, as a defendant, everybody-on-earth that ever-had anything-to-do with whatever-it-was seeking the deepest pockets. It appears to me that these Lake Associations both control who is or is not on the lake and have and enforce their own laws (which are most likely a subset of the local and/or state laws). If I am correct on that point (though not an attorney) I suspect that the plaintiff has a pretty good case and will likely prevail in court. (I suspect that the question will surround whether the victims of the accident had a reasonable expectation of safely enjoying a privately controlled and regulated lake.) Again, don't miss the point that this is all CIVIL litigation made possible by people who willingly signed on the dotted line and exposed themselves to the potential hazards of being a defendant in any future litigation. Lawsuits (nor associations) don't just work in one direction. If you are a member of any of these associations, bear in mind that the association can both sue and be sued. If not properly incorporated, your personal involvement with the association may have exposed you to personal risk. It will be interesting to see how this is finally resolved...... Gene, I agree with everything you said except your interpretation of what is reasonable expectations of what is the Associations responsibility in controlling whom has access to use the Associations property. I would hate to think an HOA would be responsible for a DUI on a street owned and maintained by a HOA. ps - Many (I would think most) HOA and the BOD's have insurance to protect the Association and the BOD's from lawsuits. I know our little condo HOA has an $5 M of insurance policy. |
Even a small boat can be involved in a big lawsuit....
On Sep 6, 8:50?am, Gene Kearns
wrote: On Thu, 06 Sep 2007 07:32:28 -0400, Reginald P. Smithers III penned the following well considered thoughts to the readers of rec.boats: Gene Kearns wrote: On Wed, 5 Sep 2007 21:10:10 -0400, Bill Kearney penned the following well considered thoughts to the readers of rec.boats: That's bull****, trying to sue the association too. Money grubbing children trying to score the lottery. I disagree... at least, in principle... what is the purpose of a "Lake Association" other than the purpose of social engineering. If the "association" has failed to control the thoughts and behaviors of one of its minions.... it should be held accountable..... and so should all of the people (the "Association") that felt they could control the actions of others........ Ditto all of those other "Associations" a la HOA..... .... Go Figure..... Gene, I know you don't like HOA's, but do you really think the Association should be held libel for "damages" because someone was drunk on the lake? If that is true, couldn't we hold the C of E's responsible for "damages" due to all DUI's and any other accidental deaths on lakes under their control? While the reward would not be as great, we could also sue any and all lake owners if someone drowned in their private lake even if the victim or the one responsible for the death was trespassing. After all a lake should be fenced in to prevent people from trespassing, it really is an attractive nuisance. Now if, as Chuck said, the Association ran a club on the lake and served the individual alcohol that contributed to the person being drunk, I think they should be held responsible, but not just because they have set up an Association to set up and enforce covenants for the lake. I was posting a bit tongue-in-cheek..... attorneys tend to list, as a defendant, everybody-on-earth that ever-had anything-to-do with whatever-it-was seeking the deepest pockets. It appears to me that these Lake Associations both control who is or is not on the lake and have and enforce their own laws (which are most likely a subset of the local and/or state laws). If I am correct on that point (though not an attorney) I suspect that the plaintiff has a pretty good case and will likely prevail in court. (I suspect that the question will surround whether the victims of the accident had a reasonable expectation of safely enjoying a privately controlled and regulated lake.) Again, don't miss the point that this is all CIVIL litigation made possible by people who willingly signed on the dotted line and exposed themselves to the potential hazards of being a defendant in any future litigation. Lawsuits (nor associations) don't just work in one direction. If you are a member of any of these associations, bear in mind that the association can both sue and be sued. If not properly incorporated, your personal involvement with the association may have exposed you to personal risk. It will be interesting to see how this is finally resolved...... -- Grady-White Gulfstream, out of Oak Island, NC. Homepagehttp://pamandgene.idleplay.net/ Rec.boats at Lee Yeaton's Bayguidehttp://www.thebayguide.com/rec.boats -----------------www.Newsgroup-Binaries.com- *Completion*Retention*Speed* Access your favorite newsgroups from home or on the road ------------------ Hide quoted text - - Show quoted text - I was once asked to serve on the board of a yacht club.I found out the club had no D&O (directors and officers) indemnity insurance- and we cured that almost immediately. IMO, nobody should ever serve as a board member or officer in any organization or corporation without sufficient D&O insurance to cover the asse(t)s of the folks responsible for defining and enforcing policies. Obviously in this particular case the plaintiff has suffered a serious and irreversible loss and if justice prevails he will be awarded something in return--- but it's a tough break when volunteer board members or even individual club members are named in a lawsuit concerning a situation to which they weren't acutally a party. |
Even a small boat can be involved in a big lawsuit....
Chuck Gould wrote:
Obviously in this particular case the plaintiff has suffered a serious and irreversible loss and if justice prevails he will be awarded something in return--- but it's a tough break when volunteer board members or even individual club members are named in a lawsuit concerning a situation to which they weren't acutally a party. Chuck, What happened in this case that the Lake Association responsible for the actions of a drunk boater? According to the lawsuit: The association, the lawsuit says, allowed Tonn to drive drunk, failed to monitor and control watercraft on the lake, failed to ensure that boaters complied with the Nebraska Safe Boating Act and allowed unsafe boat operation though they had knowledge it was going on. This seems like a very general claim, trying to negotiate a settlement. Should all government and private authorities be held responsible for the damages caused by those boating while under the influence? If so it will result in all of us paying a much higher expense to use our favorite boating area. |
Even a small boat can be involved in a big lawsuit....
Insurance class in the early 1980s. The Instructor told what he said
was a true story, paraphrased as follows: Guy starts to drive home from work one day. His brakes go out so he stops at a shop. Shop says line is broken to one wheel & they have to order parts. Guy convinces them to plug off the line to that wheel so the rest work and he goes on. Stops at a friend's house and has "several" drinks. Proceeds on to a bar and has "several" more. Cops notice him driving erratically and attempt to pull him over. He tries to get away & cops chase. High speed chase through town. Driver tries to beat a train at a crossing & loses. Train hits the car, killing the driver. Car flies through the air ands ends up hitting a phone booth (remember those) killing the guy making a phone call. The guy who was making the call's family sues. As always they sue everyone in sight. Big payout in the wrongful death suit. Who paid the vast majority????? Wait for it.... The phone company. Supposedly they shouldn't have placed a phone booth where a flying car that just got a full hit by a train would hit the booth. The reality though was that the driver was poor and had no insurance, the shop was a little one guy almost shade tree operation, the "friend" that served drinks had no insurance, the bar was pretty small and the town was a little poor southern burg, so the phone company and train company were the only deep pockets and AT&T at the time was still the huge monopoly with the deepest pockets around. It doesn't really matter who was at fault when an American jury decides someone deserves to have hit the lottery. Dave Hall On Thu, 06 Sep 2007 08:15:35 -0400, DownTime wrote: Bill Kearney wrote: That's bull****, trying to sue the association too. Money grubbing children trying to score the lottery. I am no lawyer, but I recall from a Business Law class, the instructor, who also happened to be a local judge, commented about a similar scenario. This is para-phrased as it's been a few years, but the concept is spot on: "It is not always a matter of who is right or wrong, but who or what entity in the chain has the most money". We has been discussing a product liability case in which the local shop that sold the product to the consumer, along with EVERY company with any involvement in the processing & production was named in the lawsuit. |
Even a small boat can be involved in a big lawsuit....
On Thu, 06 Sep 2007 12:15:41 -0400, Reginald P. Smithers III penned
the following well considered thoughts to the readers of rec.boats: Gene Kearns wrote: On Thu, 06 Sep 2007 07:32:28 -0400, Reginald P. Smithers III penned the following well considered thoughts to the readers of rec.boats: Gene Kearns wrote: On Wed, 5 Sep 2007 21:10:10 -0400, Bill Kearney penned the following well considered thoughts to the readers of rec.boats: That's bull****, trying to sue the association too. Money grubbing children trying to score the lottery. I disagree... at least, in principle... what is the purpose of a "Lake Association" other than the purpose of social engineering. If the "association" has failed to control the thoughts and behaviors of one of its minions.... it should be held accountable..... and so should all of the people (the "Association") that felt they could control the actions of others........ Ditto all of those other "Associations" a la HOA..... .... Go Figure..... Gene, I know you don't like HOA's, but do you really think the Association should be held libel for "damages" because someone was drunk on the lake? If that is true, couldn't we hold the C of E's responsible for "damages" due to all DUI's and any other accidental deaths on lakes under their control? While the reward would not be as great, we could also sue any and all lake owners if someone drowned in their private lake even if the victim or the one responsible for the death was trespassing. After all a lake should be fenced in to prevent people from trespassing, it really is an attractive nuisance. Now if, as Chuck said, the Association ran a club on the lake and served the individual alcohol that contributed to the person being drunk, I think they should be held responsible, but not just because they have set up an Association to set up and enforce covenants for the lake. I was posting a bit tongue-in-cheek..... attorneys tend to list, as a defendant, everybody-on-earth that ever-had anything-to-do with whatever-it-was seeking the deepest pockets. It appears to me that these Lake Associations both control who is or is not on the lake and have and enforce their own laws (which are most likely a subset of the local and/or state laws). If I am correct on that point (though not an attorney) I suspect that the plaintiff has a pretty good case and will likely prevail in court. (I suspect that the question will surround whether the victims of the accident had a reasonable expectation of safely enjoying a privately controlled and regulated lake.) Again, don't miss the point that this is all CIVIL litigation made possible by people who willingly signed on the dotted line and exposed themselves to the potential hazards of being a defendant in any future litigation. Lawsuits (nor associations) don't just work in one direction. If you are a member of any of these associations, bear in mind that the association can both sue and be sued. If not properly incorporated, your personal involvement with the association may have exposed you to personal risk. It will be interesting to see how this is finally resolved...... Gene, I agree with everything you said except your interpretation of what is reasonable expectations of what is the Associations responsibility in controlling whom has access to use the Associations property. I would hate to think an HOA would be responsible for a DUI on a street owned and maintained by a HOA. ps - Many (I would think most) HOA and the BOD's have insurance to protect the Association and the BOD's from lawsuits. I know our little condo HOA has an $5 M of insurance policy. $5M in a wrongful death lawsuit would be a pittance. The charge that, "[The Association] allowed Tonn to drive drunk, failed to monitor and control watercraft on the lake, failed to ensure that boaters complied with the Nebraska Safe Boating Act and allowed unsafe boat operation though they had knowledge it was going on." leads me to believe that there were association rules that were not enforced. (I'm making an assumption that the association had rules concerning safety.) Though I don't know which lake this was, I strongly suspect that the association had rules governing safe boating.... similar to these: http://www.capitolbeachlake.com/Rules/BoatViolation/ IMHO.... there are going to be a lot of litigants that will wish they had never heard of a "lake association" before this is all over with..... As for your analogy.... I think a better one would be.... Your HOA has a restriction against painting houses passionate pink and growing weed gardens, Your neighbor has a passionate pink house with a 13 foot tall weed garden for a front lawn, The HOA has not enforced their own rules, You need to sell your house, but can get no buyers because of the neighbor, therefore you (rightfully) sue for damages and/or remediation from the HOA. similar to: Your lake association has safety rules, Your neighbor(s) break the safety rules, The lake association doesn't enforce the rules, Somebody is harmed and seeks to sue..... I don't know for sure, but I suspect that this is where the situation is headed..... and none of it could have happened without the artificial construct of the "lake association." -- Grady-White Gulfstream, out of Oak Island, NC. Homepage http://pamandgene.idleplay.net/ Rec.boats at Lee Yeaton's Bayguide http://www.thebayguide.com/rec.boats ----------------- www.Newsgroup-Binaries.com - *Completion*Retention*Speed* Access your favorite newsgroups from home or on the road ----------------- |
Even a small boat can be involved in a big lawsuit....
Gene Kearns wrote:
r to these: http://www.capitolbeachlake.com/Rules/BoatViolation/ IMHO.... there are going to be a lot of litigants that will wish they had never heard of a "lake association" before this is all over with..... As for your analogy.... I think a better one would be.... Your HOA has a restriction against painting houses passionate pink and growing weed gardens, Your neighbor has a passionate pink house with a 13 foot tall weed garden for a front lawn, The HOA has not enforced their own rules, You need to sell your house, but can get no buyers because of the neighbor, therefore you (rightfully) sue for damages and/or remediation from the HOA. similar to: Your lake association has safety rules, Your neighbor(s) break the safety rules, The lake association doesn't enforce the rules, Somebody is harmed and seeks to sue..... I don't know for sure, but I suspect that this is where the situation is headed..... and none of it could have happened without the artificial construct of the "lake association." Gene, This is going to be an interesting case study. The complaint is worded similar to many lawsuit, and the wording may or may not actually represent the actual situation on the lake or the law considers reasonable performance and enforcement by the Association. You do understand that the lake association had no employee, no income and no annual expenses (according to their non profit report submitted to the state), so I would like to know how the attorney is going to prove that the "Association" (ie the homeowners/BOD's) "KNEW" that the driver of the boat (or any other boater on the lake) was drunk and failed to enforce the rules. We have public streets and lakes with paid enforcers of the rules, and on any day/night you will find many people who are DUI, many who are not caught by the police and have accidents. It would seem that if our local governments / officials are not able to prevent rules being broken it is hard to imagine that any association would be able to ensure 100% compliance of state laws. Is it reasonable to assume that a non profit association without any employees and budget would be able to do better than our paid police forces? As you said it will be interesting to see how it is settled. |
Even a small boat can be involved in a big lawsuit....
On Thu, 06 Sep 2007 17:33:38 -0400, Reginald P. Smithers III penned
the following well considered thoughts to the readers of rec.boats: Gene Kearns wrote: r to these: http://www.capitolbeachlake.com/Rules/BoatViolation/ IMHO.... there are going to be a lot of litigants that will wish they had never heard of a "lake association" before this is all over with..... As for your analogy.... I think a better one would be.... Your HOA has a restriction against painting houses passionate pink and growing weed gardens, Your neighbor has a passionate pink house with a 13 foot tall weed garden for a front lawn, The HOA has not enforced their own rules, You need to sell your house, but can get no buyers because of the neighbor, therefore you (rightfully) sue for damages and/or remediation from the HOA. similar to: Your lake association has safety rules, Your neighbor(s) break the safety rules, The lake association doesn't enforce the rules, Somebody is harmed and seeks to sue..... I don't know for sure, but I suspect that this is where the situation is headed..... and none of it could have happened without the artificial construct of the "lake association." Gene, This is going to be an interesting case study. The complaint is worded similar to many lawsuit, and the wording may or may not actually represent the actual situation on the lake or the law considers reasonable performance and enforcement by the Association. You do understand that the lake association had no employee, no income and no annual expenses (according to their non profit report submitted to the state), so I would like to know how the attorney is going to prove that the "Association" (ie the homeowners/BOD's) "KNEW" that the driver of the boat (or any other boater on the lake) was drunk and failed to enforce the rules. We have public streets and lakes with paid enforcers of the rules, and on any day/night you will find many people who are DUI, many who are not caught by the police and have accidents. It would seem that if our local governments / officials are not able to prevent rules being broken it is hard to imagine that any association would be able to ensure 100% compliance of state laws. Is it reasonable to assume that a non profit association without any employees and budget would be able to do better than our paid police forces? As you said it will be interesting to see how it is settled. That is the sad thing about laws..... they only punish..... they are powerless to prevent. Frankly, I have no information on the association, at all. If you have a link, I'd like to read more..... -- Grady-White Gulfstream, out of Oak Island, NC. Homepage http://pamandgene.idleplay.net/ Rec.boats at Lee Yeaton's Bayguide http://www.thebayguide.com/rec.boats ----------------- www.Newsgroup-Binaries.com - *Completion*Retention*Speed* Access your favorite newsgroups from home or on the road ----------------- |
Even a small boat can be involved in a big lawsuit....
Gene Kearns wrote in
: On Thu, 06 Sep 2007 06:49:16 GMT, akheel penned the following well considered thoughts to the readers of rec.boats: "Bill Kearney" wkearney-99@hot-mail-com wrote in : Article link: http://www.omaha.com/index.php?u_pag...u_sid=10124181 Published Wednesday | September 5, 2007 Lawsuit filed in fatal Sarpy boat crash BY JOE DEJKA WORLD-HERALD STAFF WRITER The son of a couple killed in a Sarpy County boating accident has filed a wrongful-death lawsuit against the boat driver and the private lake association. Authorities say Kenneth Tonn was under the influence of alcohol July 15 while operating the boat that struck and killed David and Kathleen Gilfillan of Bellevue on Hanson Lake No. 2. Scott Gilfillan of Peoria, Ariz., on behalf of his parents' estate, is suing Tonn as well as the Eastern Sarpy County Lake Improvement Association, alleging the association had a duty to keep the lake safe for everyone on the water. The lawsuit seeks funeral expenses and unspecified damages for loss of comfort and companionship. Tonn, 60, declined to comment Tuesday on the lawsuit. Attempts to reach the association for comment were unsuccessful. Tonn is charged in Sarpy County Court with manslaughter in the death of Kathleen Gilfillan, 57. He also is charged with second-degree assault in connection with injuries to David Gilfillan, 61, who died 11 days later. The Sarpy County attorney is seeking to upgrade that charge to manslaughter. Tonn, who lives at the lake, had a blood-alcohol level of .177 percent — more than twice Nebraska's legal limit of .08 percent — at the time of the crash, authorities have said. The couple's son and two daughters are "devastated," their attorney, Timothy O'Brien, said Tuesday. "Like any tragedy, they're dealing with it best they can," O'Brien said. According to the lawsuit filed last week in Sarpy County District Court, David and Kathleen Gilfillan were seated on the rear of a boat beached on shore when Tonn lost control of his boat and struck them. Tonn was steering a 16-foot white 1974 Invader motorboat through a channel about 265 feet wide, with boat docks jutting out on either side. He was towing a raft on which his wife and 10-year-old granddaughter were riding. The rope became entangled on the boat, and Tonn apparently turned away from the boat controls for 10 to 15 seconds, authorities said. The lawsuit alleges that Tonn failed to keep a proper lookout, operated a boat while drunk and failed to control the boat. It also alleges that the deaths occurred as a direct result of the lake association's negligence. The association, the lawsuit says, allowed Tonn to drive drunk, failed to monitor and control watercraft on the lake, failed to ensure that boaters complied with the Nebraska Safe Boating Act and allowed unsafe boat operation though they had knowledge it was going on. The only thing the association is guilty of is having money and/or insurance. They have claimed to the Federal Government that they have no money. What do you know about their insurance? Actually, I know nothing about the association. I just know the lawyer wouldn't have sued them if he didn't think they had somoething. That's how it works. It's called deep pockets. If it turns out that the assocation has little or nothing, the lawyer will settle with them fast, or he or she will threaten and/or actually pursue the individual homeowners alleging that they are guilty for not adequately funding the association to do it's duty. All of this is bull of course, but judges watch TV just like the rest of us and fall into the "for every wrong, there must be a remedy" syndrome, no matter how remote the responsibility. |
Even a small boat can be involved in a big lawsuit....
On Tue, 11 Sep 2007 06:20:57 GMT, akheel penned the following well
considered thoughts to the readers of rec.boats: Actually, I know nothing about the association. I just know the lawyer wouldn't have sued them if he didn't think they had somoething. That's how it works. It's called deep pockets. You are missing one obvious possibility. The deep pockets may well belong to the plaintiff. I'm sure the attorney won't care where the money comes from..... as long as he gets paid. However, you do point out that these groups assembled by a concurrence of wills form these associations thinking of a one way street. They exist for the purpose of bringing suit against others.... and in this case, are likely to receive their comeuppance. -- Grady-White Gulfstream, out of Oak Island, NC. Homepage http://pamandgene.idleplay.net/ Rec.boats at Lee Yeaton's Bayguide http://www.thebayguide.com/rec.boats ----------------- www.Newsgroup-Binaries.com - *Completion*Retention*Speed* Access your favorite newsgroups from home or on the road ----------------- |
Even a small boat can be involved in a big lawsuit....
Gene Kearns wrote in
: You are missing one obvious possibility. The deep pockets may well belong to the plaintiff. I'm sure the attorney won't care where the money comes from..... as long as he gets paid. Doesn't work that way. PI (personal injury) cases are always done a contingency basis. Yes, you could do an hourly payment deal, but in 20 years of practice I've never seen that. The injured party goes to the attorney (or the attorney chases the ambulance to the hospital), says "I'm hurt, get me some money." Until a settlement offer comes, that's the last input for the plaintiff ; the attorney invests in the case, and decides how, when and who to sue. If the attorney can't find someone with money to sue he wont get paid and he wont take the case. Now days, it not too hard to find a deep pocket given the expansive liablity attitudes. |
| All times are GMT +1. The time now is 02:20 AM. |
Powered by vBulletin® Copyright ©2000 - 2025, Jelsoft Enterprises Ltd.
Copyright ©2004 - 2014 BoatBanter.com