MasterCraft appeals boat design verdict

Posted on 28 September 2011

MasterCraft officially filed its notice of appeal in a case that resulted in a more than $30 million judgment against the boatbuilder.

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"MasterCraft has filed a notice of appeal with the Butte County (Calif.) Superior Court on Sept. 14, 2011. This is the first step in appealing the verdict in Bell v. Mastercraft Boat Company, et al. MasterCraft believes that the verdict was the result of a flawed trial and is not supported by the law or the facts. It is Mastercraft's hope that the California Court of Appeals will overturn this unjust outcome,” attorney Walt Millar said in a statement.

The appeal will be heard in the Third District Court of Appeals in Sacramento, Calif.

Last month, a Superior Court judge rejected MasterCraft's request for a new trial.

A jury ruled in June that MasterCraft was 80 percent at fault in a 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 the 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 compliant with NMMA, ABYC and the U.S. Coast Guard,” John Dorton, president and CEO of MasterCraft, previously told Soundings Trade Only.

“The [plaintiff’s attorneys] 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

The skipper was drunk enough to get a BUI. They loaded 2700lbs of passengers in the boat (under the rated weight) but most of them were sitting in the bow. There were 1-2 passengers sitting on the gunwale and they loaded 1 more passenger than the rated capacity. I read all of that in a press release put out by the company that provided the expert witness testimony for the plaintiff (probably still findable on Google). I personally own an X-45 and stand by it. Any low freeboard boat (which is practically all ski/wakeboard boats) can take water over the bow if you plow directly back into your own wake. That's why you don't overload the bow, not to mention drive drunk with 19 passengers, 1-2 of whom are on the gunwale. I find it really hard to understand this jury's decision and wish MasterCraft success in the appeal.

Being in the medical sales field, I see this every day; basically the lack of personal responsibility. You had better believe that these judgements are causing all of us increased prices because somebody has to pay ultimately for these judgements--the personal injury lawyer group has to be reined in !!!! How do we get the mostly rational expressions in these e-mails to that judge or the court involved?. The driver was drinking?? and the judgement went AGAINST MasterCraft. JCousins says it in a way you might not have thought of--a Cessna 172 that a friend of mine has, cost about 10K new in 1969--a used 1969 model now costs over 100K--why? because personal injury lawyers filed suit against the manufacturers of the propeller to the tail section after a crash. Most aircraft accidents are caused by pilot error--period.

It's all been said already, what, how could it be the fault of the manufactor, boating can be safe or not depending on how the vessel is used, even in sailboat a slow moving vessel can be unsafe with one who has been drinking. I can see it now seatblets for boats! What? Helmets on each, chest pads and legs pads, where do we accept the responsibility for what we do.

If this so-called "skipper" held a Merchant Mariners' Credential, he would have been held 100% responsible.
The operator of the vessel is responsible for EVERYTHING that happens on his watch ( See Exxon Valdez, et al) That should be the standard here. You are drunk, operating an overloaded, or otherwise unstable vessel, and people are injured, YOUR Ass is the one in the sling. The thoughts of SMR are spot-on. Substitute an automobile, hell, even an AIRLINER and the manufacturer issue goes out the window.
Can't ignore the fact that this happened in LA LA Land, as well. They never understood the concept of personal responsibility, just take a look at their financial situation. Utter stupidity. Go MasterCraft, never give up the fight. Prevail !!!!

Ok, so I ride on a trunk of a car, slide off and get hit by the car behind, lets sue the town, workers that paved the road, state and town where the road is located, vehicle that struck me, tire manufacturer, brake manufacturer, brake system engineer, college where the engineer attended, fuel station where they got fuel, driver of the vehicle, mother that gave birth to the driver, father that had a great time, driver of the vehicle that I slid from, vehicle manufacturer for not placing a placard stating that riding on the trunk could be hazardous and the list goes on. I say, if someone files suit and they loose, they should reimburse the court, jurors and defence attorneys. The defendent should receive 50% of the amount the plaintiff was seeking and this amount should be paid for by the lawfirm that took the case. I guarantee, the courts will not be clogged with meaningless lawsuits. As an american and a selected juror, it's our job to stop frivolous lawsuits! I can't wait for my juror summons. Bring it on! Go Mastercraft!

you wonder why most of the USA manufg companies are going offshore and more Americans are getting to be unemployed.
Keep awarding huge settlements to incompetent people and soon there won't be those beautiful US built boats and marine products left. Check out what happened to the small aircraft manufg companies in the US.
You can't fix stupid!
Keep it up eh??!!

In no way should mastercraft be at fault for irresponsibility!!
being under the influence of alchohol and over loading his boat against the manfacturers reccomendations puts all liability on the so called idiot of a skipper!!!

COME ON PEOPLE NOT EXACTLY ROCKET SCIENCE!!!!

I also agree I hope MC prevails!!! The BAC of the operator of the boat is number ONE ???. The BAC level of Niki and Bethany number TWO ???.
Think about this anyone with a room temperature IQ can fiqure this out.
Having owned several MC's how in Gods name were they injured by the pro??? Think about this people ! ! ! Booze and boating a fun day as we all knows and have seen oh to often can turn tragic in the blink of an eye.
O.E.(operator error) 100%
The jury needs ot remove their head from that warm dark place and look at the facts.
Take responsibility for your actions people.

MOOCHERS looking for free money. This is a travesty of justice and makes me sick.
Our so called leaders are only fueling this type of action and thinking. They are going to allow unemployed people to sue companies that don't hire them. Attorneys just LOVE hypocrats.

I wish MasterCraft success on their appeal...hopefully the pendulum in this country is swinging back towards making individuals responsible for their own actions...MasterCraft manufactures fantastic products...the operators should not be rewarded for their negligence here...hang in there MasterCraft...you are in the right!
B.G.Sykes, J.D., M.B.A. President, In-House Counsel, Palm Beach Yachting, Inc.

It should be important to review the facts in this case. The Owner and Skipper of the vessel admitted wrong, and non-compliant in Coast Guard regulations or of the Manufacturer. Why should the manufacture be held liable for something they did not have control over. People who own boats, and the marine industry itself recognize that this is a travesty of justice. It goes against common sense that someone suffers the consequences of the actions of another, without any involvement. The very individuals who committed the offense are the ones who should be held up to face the justice of the courts. MasterCraft should never stop in their pursuit of a reverse in this case. They are not only fighting for their protection, but the entire marine industry. Everyone will be subject to this kind of legal action, using this case as a precedence.

That verdict makes about as much sense as someone suing the Moped manufacturer because some drunk ran off the road and hurt the person riding with him.

If instead of it being a boat, the vehicle was a pick-up truck loaded with people, the driver was drunk and someone fell out of it and got ran over, would the pick-up truck maker be blamed? Somehow I think the car maker lobbyists would make sure THAT would never happen even if it did ever go to court!

Personal responsibility no longer exists in this country - so sad!

I hope MasterCraft prevails! The jury ruling was absolutely ridiculous and absolves those on board the boat of personal responsibility. The skipper was 20% responsible? He was the SKIPPER! That makes him 100% responsible or at the least, 99.9% responsible. The Superior Court Judge's ruling only compounded the situation. The circumstances surrounding this tragic, but preventable accident - yes, PREVENTABLE - only underscores the importance of boating education, boat operator proficiency AND the dangers of boating under the influence. Skippers, as well as passengers, are responsible for their actions and the consequences of those actions, whenever on board a vessel. If those in this country ceased the blame game, stopped pointing fingers and once again, embraced (and practiced) personal responsibility, our Nation would be better for it.

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