(diver)Man hit by powerboat is awarded $6 million

[CBulla]

http://www.signonsandiego.com/news/...99-1m9seal.html

Man hit by powerboat is awarded $6 million

Aspiring actor has brain damage

By Greg Moran
UNION-TRIBUNE STAFF WRITER

March 9, 2004

A San Diego jury awarded more than $6 million yesterday to a 30-year-old aspiring stuntman and actor who suffered brain damage after being run over by a powerboat while spearfishing at Bird Rock reef.

The accident left Joel Roberts, an eight-year Navy veteran who was also training as a Navy SEAL, with balance and speech problems as well as an inability to process new information, according to his attorney, Kevin Quinn.

Experts who testified at the trial concluded that, because of the accident, Roberts is not employable. The jury, which returned a unanimous verdict, awarded Roberts $6,687,192 million in total damages.

The accident occurred Aug. 10, 2002. Roberts was spearfishing about 1,600 feet offshore when the boat, driven by Riverside businessman Darin Council, ran over him.

The propeller fractured his skull, sliced his brain and also injured a shoulder blade and ribs, Quinn said. The lawyer said Council had owned the boat for about four months, and had not taken it out on the ocean until that day.

Quinn argued that Council was going between 35 mph and 40 mph at the time. While there is no speed limit beyond 1,000 feet of shoreline, Quinn said boaters are required to exercise caution.

Quinn said Roberts had placed a warning float to mark where he was diving under the water. He argued to the jury that Council either ignored or did not see the float.

He also said Council should have noticed other people at recreation in the area and should have reduced his speed accordingly.

"He did everything wrong," Quinn said. "He was operating a speedboat in an area he should not have been in and at a speed he should not have been going."

The attorney for Council did not return a phone message seeking comment. Quinn said the defense contended Council did not violate any rules beyond the 1,000 foot mark, and that he had no idea Roberts was in the water.

After the accident, Council helped pull Roberts out of the water and take him to shore for help.

Quinn said Council's insurance can cover the award.

Roberts had been in a footwear commercial and had appeared in the television shows "Pensacola: Wings of Gold" and "Invisible Man."

The jury began deliberating last Wednesday after a weeklong trial before Superior Court Judge William C. Pate.

Its sad that this gentleman had to suffer the wrath of a careless boater, and whats worse is this guys insurance is paying for it, not him. A boater like this is all the more reason that people should be licensed and held accountable in such ways that they can lose their boating privelages.

 

[RICHinNC]

three things...
1..the lawyer will get it...
2..what he does get...be tough to enjoy in his shape
3...the lawyer will get it

 

[metaldector]

people, observe the law and use good judgement while operating a boat. But others are just plain stupid. Two incidents I personally had were: 1) during a dive at West Palm Beach I had come to my safety stop at 15' and as I always do, was slowly spinning around looking in all directions. I could hear prop noise as there were several diveboats in the area and probably at least 50 other divers somewhere in the water column. Then I see the hull of a twin prop boat headed right towards me dragging two fishing lures with BIG HOOKS about 10 feet apart. I dumped my air and dove another 20' to keep clear. After I surfaced I saw that the dive boats were all within about 70' of each other and that this yahoo had driven right through the group. No one was hurt but had the vis been worst I could have been caught!

The second incident 2): We were diving pulling our diveflag and float along at about 70' when my buddy suddenly started to accend. I followed him but he was obviously fighting the rope to the dive flag. He finally let it go and it continued to go up. When we surface, we could see a jetski driving off with our float. When we got back to our boat and explained to the captain what took place he got on the radio and called all of the other boats in the area to look for a jetski with a dive flag. Soon one of the boats responded and got the local marine patrol to stop him. His response was he didn't know what the flag was and just thought it cool to have so he took it! I don't know what happened to him but I know he isn't the only idiot on the water. Be careful out there!

 

[DandyDon]

Its sad that this gentleman had to suffer the wrath of a careless boater, and whats worse is this guys insurance is paying for it, not him. A boater like this is all the more reason that people should be licensed and held accountable in such ways that they can lose their boating privelages.

Yes, the attorneys will get a percentage of money collected, but I get paid on commission, too - if I do good enough to win. You also have the options of hiring the lawyers by the hour, or going to law school yourself.

It's good that the boater has insurance, as that's a more dependable money source than the driver himself. Hope he has big enough coverage to pay, and the insurnce company doesn't drag this thru appeals.

Bet the diver would still rather have his health. No money can buy that back.

Hope the headlines get the public's attention. So many boaters just don't know what the 2 different Dive flags are. If you coastal people will organzie a campaign to get the word out, I'll send donations!

 

[Mo2vation]

Dude's first day out with his new boat?!?!

First: Terrible accident - my heart goes out to the diver, who according to this article, took reasonable safety precautions.

That said - geeze... Council is out in his new boat - first day, kicking it up along the shore. Look at me, wind in my hair, pretty day, lets turn it up a couple of knots.... BAM. Its amazing he had the facilities to pull the diver from the water and get him to shore quickly.

Again, that said - rock on Insurance. That's why its there.

Man... what a doubly sad story.

K

 

[CBulla]

Strangely enough, the insurance may not have been actual boaters insurance but rather the pockets of the home owners insurance of the diver. If time ever lets me I'll look more into this to see what can be learned.

 

[DandyDon]

Its amazing he had the facilities to pull the diver from the water and get him to shore quickly.

That part of the story says something good about the boater. Too many jerks would have run away...!

Strangely enough, the insurance may not have been actual boaters insurance but rather the pockets of the home owners insurance of the diver. If time ever lets me I'll look more into this to see what can be learned.

Never sold Home Owners, but do have a past in Personal, and - I'm pretty sure not. H-Owners includes Liability coverage, though, so a fellow who owns a new speed boat would probably have a nice enough house to have have a large home policy that includes a large liability limit. Too, he would probably be a "professional" with coverage there.