MasterCraft will appeal ruling in design lawsuit

Posted on 22 August 2011

A Superior Court judge in Butte County, Calif., last week rejected MasterCraft's request for a new trial in a 2006 accident that left two people injured, but the boatbuilder said it will appeal the decision.

See Related Articles

MasterCraft CEO plans to retire this summer

John Dorton, president and CEO of MasterCraft, told Soundings Trade Only this morning that he was “disappointed, but not surprised” by Judge Sandra McLean’s decision, adding that “the appeals process continues.”

A jury ruled in June that MasterCraft was 80 percent at fault in the July 9, 2006, accident in which Niki Bell and Bethany Mercer, formerly Wallenburg, were swept off a MasterCraft X-45 wakeboarding boat and struck by its propeller. Jurors found that boat driver Jerry Montz was 20 percent at fault. Montz admitted to drinking alcohol on the day of the accident, and there were more passengers on the boat than the manufacturer recommended.

The jury awarded $30.9 million in damages to Bell and $530,688 to Mercer.

“We remain committed to the X-45 being a great, safe boat. It’s got a tremendous safety record. It’s fully complaint with NMMA, ABYC and the U.S. Coast Guard,” Dorton said. “We hope the system will send a clear message to consumers that it’s not OK to boat under the influence of drugs and alcohol and it’s not OK to disregard warning labels and safe boating laws.”

Dorton also said the company has heard of no other safety problems with the X-45 and has been encouraged by an outpouring of support from the industry and boaters.

“They see this as a case of as someone trying to go after what’s perceived as deep pockets. No one in the marine industry has deep pockets anymore,” he said. “I think any reasonable boater understands that this is a ridiculous verdict.”

Comments

I am a physician and realize that I am 100% responsible for every decision I make regarding a patient. I also am a boat owner/ driver and am also 100% responsible for the operation of the boat and the passenger's safety. what has happened to the 'captain of the ship' doctrine?.

anyone who drives an inboard ski or wakeboard boat with its low freeboard needs to be aware of the risk of swamping the boat. Every boat driver needs to know the inherent characteristics of that craft and drive it accordingly.

This is just crazy. It is like saying that a man gets behind the wheel of a car drunk and injures someone. Instead of the driver be at fault, its the maker of his car. Come on, Anyone with a brain knows this guy should pay for his actions and not the boat builder!!!

It makes you wonder where the defense team was in this case. Did MasterCraft have a jury of it's peers on board? This is a bad precedence. Our Court systems are as bad off as our Congress and Senate - we need to get back to the basics. I feel bad for the injured, and I despise real winners in this case - the lawyers.

I'm a wee bit familiar with this judge and court; Google 'judge sandra mclean' if you want to read about a piece of work.

If there is any potential question about the manufacturer's fault, it could perhaps, and I say, PERHAPS that they had too high a capacity stated for the vessel. I believe it was 18?
In any event, to say that Master Craft is eighty percent at fault is rediculous on its face. The operator admitted to alcohol consumption, and given the facts of the case, his judgement, and abilities at the helm should be in question. When someone goes overboard, you turn IN THE DIRECTION THAT THEY WENT OVER, to move the propeller AWAY from the MOB. You DON'T reverse propulsion. Period. Again, to reiterate what another commentor stated, it IS after all, California. See also: OJ Simpson, et al if you have any belief in THAT "justice" system!

Back in the early 90's our company was involved in a lawsuit (nothing of this magnitude) but will never forget that a few dealers sent checks as support for the defense of something that was similarly ludicrous. I will never forget those dealers as although it didn't put a dent in the legal costs, it sent a wonderful message that they had our backs and to continue with the "Good Fight". Not that we all can send huge checks right now, but I am willing to bet if a "Defense Fund" were established, Mastercraft would receive help from many in the industry as something of this magnitude with industry support can send a pretty strong message.

Just one more problem with our country. We love to hold others accountable for our poor decisions. I understand trail lawers have made products more safe but the facts are very clear and I cant seem to understand that becuase someone got injured the judge and jury would look to the mfg. becuase they figure they must have money to help these fools. The boat was over loaded past posted limets and the operator was intoxicated which is against the law. What more can a mfg. do?

Would you expect anything else from a California jury and\or judge?
It is tragic that someone was injured but one must be accountable for their own actions. Alcohol and boats just don't mix well together. The driver should be 100% at fault and 100% responsible for the actions of those aboard the vessel.

We all feel terrible for the two injured people, but you cannot make manufacturers of cars, boats etc... pay for the complete lack of brains in the operator and passengers heads. Why the operator of the boat isn't in jail is beyond me?

Good Luck MC!

It is absolutely ludicrous that a jury would come to this conclusion and it is even more absurd that a supposedly intelligent, educated judge could not have enough common sense to see how ignorant this judgement was. I previously read the article on the incident. How they ever got that many people into the bow of the boat is beyond me. They had to be sitting on each other or even stacked like cord wood.
It's no wonder our insurance premiums are so high. I wonder if any of the jurists realized that that payment was coming out of their pockets too.

Wow?! Crazy talk...

Add your comment

Your name:	Required, screen names acceptable
Your email:	Required, will not be published
Comments are moderated and generally will be posted if they are on-topic and not abusive. For more information, please see our Comments Policy.:

Word verification:

yvComment v.1.21.1

Facebook	RSS
Twitter	LinkedIn
Daily E-newsletter