Lawsuit against boat manufacturer

[Kenv]

I'm with you Ski Tower. I saw two boats today on the way home and thought to myself....look at the bow of those boats. Both have pretty good downward slopes to the bow. Someone could JUST as easily FALL OUT OF or be knocked out in an overcrowed bow in both of the boats I saw.....if they hit a wave. Neither were Mastercrafts. Just the way newer boats are shaped. The more I think about it....the worse I feel for M/C and being an owner of a Nautique. Any one of us could be standing in the bow of a boat, M/C, Nauty, Bayliner...etc. The driver accedentally punches the throttle....we stumble and go over the side or fall back into the window and get a good bump. IS THIS REALLY THE BOATS FAULT????????????

[wake4life6]

Might be old news but something I found

By RYAN OLSON-Staff Writer
Posted: 04/27/2011 12:28:07 AM PDT

CHICO — A Butte County Superior Court jury heard two more accounts of the July 2006 boating accident on Lake Oroville that left two injured.

One account came from Bethany Mercer, one of the injured, and the other from Jerry Montz, the driver and owner of the 24-foot-long wakeboarding boat.

Mercer, whose last name was Wallenburg before getting married in 2009, was dislodged from the boat along with Niki Bell on July 9, 2006. Mercer was injured on her arm, leg and back. Bell had multiple skull fractures and suffered brain damage and lost her left eye.

Montz and boat maker MasterCraft Boat Co. are being sued for damages related to the incident. Niki Bell testified in the case last month.

Montz, a lifelong boater, recounted how he purchased the MasterCraft X-45 in May 2006 for about $80,000. He said the wakeboarding craft had appealed to him because it was large, attractive and could accommodate a large number of people.

Prior to the incident, he said he had no problems with the boat, although it didn't accelerate as quickly as his old vessel on wakeboarding runs.

On the day of the incident, Montz and his friends wanted to go out on the lake after he finished work.

Mercer told the jury she was invited onto the boat by her roommate and another on the morning of the incident. They were the first to arrive at Lime Saddle Marina at about 1 p.m.

Others arrived, including Bell, with whom Mercer was a casual acquaintance. She met Montz for the first time when
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she boarded the boat. Montz testified he knew neither Mercer nor Bell.

Mercer said she noticed a capacity label noting the boat's maximum capacity was 18 — prior testimony has established that there were up to 19 aboard. She said she was concerned about having a seat and enough space.

Montz said he was aware of the capacity limits. He testified he believed the boat could operate at maximum capacity, in addition to fuel and ballast water. Montz said he did not use the ballast tanks during the incident and did not use a mechanism geared to help the front of the boat travel lower in the water.

The boat eventually embarked on two wakeboarding runs. The first was unsuccessful. Mercer estimated that two people moved toward the front of the boat where she was sitting to shift the boat's balance to make it more conducive for boarding.

The second run was more successful. After the run, Montz said he slowed the boat to a stop and then turned around. At that point, the front of the boat began taking on water. Montz said he didn't initially see the water come aboard, but heard people screaming in surprise.

Mercer said she and everyone tried to stand up. She grabbed a windshield, but the water swept her off.

"I could feel it pulling me out," Mercer said.

Concerned about hitting the propeller, she tried to swim away from the boat but felt an impact that she initially thought was from the boat's swim deck. After surfacing, Mercer tried to move her legs, but had lacerations.

Montz said he didn't feel in control of the situation. When the water was coming aboard, he said he applied the gas in a technique geared to help the front of the boat over a wake — although he didn't see a wake. The boat's speed was about 5 to 10 mph. After he discovered people in the water, he put the motor in neutral.

Montz helped bring Bell aboard the boat and Mercer was bought aboard shortly thereafter. After that, a rescue boat was flagged down. Montz said he was concerned about Bell's health and he boarded the craft with the injured.

"I didn't want to leave it in someone else's hands," Montz said.

Both witnesses said they had bought beer before the trip and admitted to drinking some on the water.

Mercer said her job at the time included determining if restaurant patrons were intoxicated. She testified no one on the boat, including Montz, appeared to be. Mercer estimated having a total of one beer.

Defense attorneys attempted to present her statement to paramedics where she reportedly claimed to have had more. Judge Sandra McLean waved off the attempt for now.

Montz said he had had three to fours beers over several hours on the water, but none while driving the craft. His blood alcohol content was tested after the incident and it was below the .08 percent threshold typically used.

Montz is expected to continue testifying in the 22nd day of the trial today at the Chico courthouse.

The case is Robert Bell vs. MasterCraft Boat Co.

Staff writer Ryan can be reached at 896-7763 or rolson@chicoer.com.

[SkiTower]

Montz said he did not use the ballast tanks during the incident and did not use a mechanism geared to help the front of the boat travel lower in the water.

Prove it....