PropellerSafety.com

Legal Shorts – Page 11

McGarrigle v. Mercury Marine propeller case / lanyard kill switch case

John McGarrigle and Barbara McGarrigle v. Mercury Marine. Civil Action No. 09-4625. United States District Court, D. New Jersey. The case was settled August 28, 2012. The Propeller Accident Saturday, July 21, 2007, 37 year old John McGarrigle, of Pennsylvania, was operating a 12 foot aluminum fishing boat on Delaware Bay near Seabreeze, New Jersey […]

Listman vs. OMC Propeller Accident Trial

Robin Listman vs. Outboard Marine Corporation This Second Judicial District Court of the State of Nevada, County of Washoe jury trial in front of Judge Jerome M. Polaha began October 31, 2011. Case is now with the Jury and they will begin deliberations 8:30 am Monday November 21. LINKS TO DAILY COURTROOM BLOGS OF TRIAL […]

Litigation Testing Continues in Testing of Propeller Guards by Mercury Marine / Brunswick

Litigation Testing of propeller safety devices was defined by Stephen Bolden, author of Motorboat Propeller Injury Accidents, as “…manufacturers, in performing litigation testing, are not concerned with gathering information for the purpose of redesigning or improving a guard; rather, they are concerned with simply reporting on whatever propeller guard deficiencies they are able to demonstrate […]

Brunswick Misled Two Federal Courts on Frequency of Propeller Accidents

Brunswick requested a rehearing of the Jacob Brochtrup v. Mercury Marine and Sea Ray propeller injury case before the U.S. Fifth Circuit Court of Appeals on June 10, 2011. Mercury Marine and Sea Ray are both divisions of Brunswick. On page three of Brunswick’s formal request for a rehearing, Brunswick faults Brochtrup for not providing […]

Does the Risk-Utility Test Exception for Simple Tools Apply to Boat Propellers?

In mid 2011, Brunswick requested a rehearing of their appeal of the Jacob Brochtrup propeller injury case in front of the U.S. Fifth Circuit Court of Appeals. Brunswick feels the original court (U.S. District Court, Western District of Texas, Austin) did not force Brochtrup to prove the design of their boat was unreasonably dangerous under […]

Brunswick Calls For Rehearing of Brochtrup Propeller Case Appeal

The U.S. 5th Circuit Court of Appeals found for Brochtrup on May 27, 2011 in Brunswick’s appeal of a U.S. District Court, Western District, Austin Division jury finding for Brochtrup resulting from a July 1, 2005 propeller accident. Mercury Marine and Sea Ray are the Brunswick units listed on the case. On June 10, 2011 […]

Swimming Pool Grate Accident Results in Prosecution of Executive

A May 13, 2011 Wall Street Journal page A3 article titled, Owning Up to Boy’s Death, describes a swimming pool accident and the subsequent prosecution of a swimming pool company executive for a young boy’s death. Several years ago we (PGIC) saw the similarities between swimming pool grate accidents in which people were sucked into […]

Bell vs. MasterCraft Boat Company Trial: Propeller Accident Victims Awarded $30 Million

Back on July 9, 2006, Bethany Mercer (then Bethany Wallenburg) and Niki Bell (now age 27) were on a MasterCraft X-45 on California’s Lake Oroville. They were both ejected from the boat and hit by its propeller. Niki Bell received several skull fractures resulting brain damage, and lost her left eye. Bethany Mercer received injuries […]

Brochtrup Wins Mercury Propeller Case Appeal

On May 27, 2011 Jacob Brochtrup won his propeller accident case again. This time his legal team led by Robert “Robby” Alden of Byrd Davis Furman defeated an appeal by Mercury Marine and Sea Ray (both Brunswick companies) in the U.S. Court of Appeals for the Fifth Circuit in New Orleans, Louisiana. Brochtrup first won […]