This case arose from a 2014 propeller strike in Georgia in which water came over the bow of a 2000 Malibu Response LX rental ski boat when it crossed its own wake. Seven year old Ryan Batchelder was washed out of or jumped from the bow and was fatally struck by the boat’s propeller. More details on the history of this case are near the end of this post.
In August 2021, the jury found Malibu guilty, awarding a total of $200 million.
Among issues in the case was Malibu’s failure to warn boat owners after Malibu knew of the hazard (2000 Malibu Response LX taking water over the bow).
Malibu Moved for New Verdict or New Trial
In September 2021, Malibu moved for a new verdict or a new trial. Issues raised by Malibu at this time included their view that Malibu LLC was not a continuation of Malibu West, they thought the punitive award was excessive, Malibu owed no duty to Ryan Batchelder, Malibu was not allowed to bring up there were no similar accidents, and more.
Both sides have been asserting their respective positions to the court since September 2021.
On Monday July 18, 2022, the court ruled on the motions and issues raised by Malibu.
The court stated, “These matters came to a hearing on May 26, 2022. After considering the parties’ written submissions, the arguments of the parties, the Court record, and all other matters proper, Malibu LLC’s action is hereby DENIED.” Read More →
