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Bottom Cleaner killed by thruster in Palm Beach

Discussion in 'General Yachting Discussion' started by olderboater, Jun 29, 2017.

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  1. Capt Ralph

    Capt Ralph Senior Member

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    This was a sad story.
    The law suits is just some (SOP) tree shaking to see what they can get.
    I don't see any legal rewards landing for the family.
  2. olderboater

    olderboater Senior Member

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    Guess time will tell. I see potential for a million dollars or so when all the defendants are combined. Even if it's just a few hundred thousand, it helps his family.
  3. motoryachtlover

    motoryachtlover Senior Member

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    None of us know the facts of the case yet. Perhaps I am wrong but it seems like you want to see an award for the diver’s family without knowing the facts. If the defendants are legitimately negligent I am all for an award to the defendant’s family but if the diver was negligent should someone else’s insurance pay for it. Once again I maybe misunderstanding your quote.
  4. olderboater

    olderboater Senior Member

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    I didn't say what I wanted to see or felt right, simply what I expect to happen. Most likely there will be insurers wanting to settle to make it all go away. That's the way personal injury and liability typically happen.

    Now, you ask why?

    Think of court with 12 jurors, mostly poor. Think of wealthy yacht owner, wealthy business owner, wealthy marina owner. Think of children and wife of poor dead cleaner. They want someone to hold accountable and find it hard to put all the blame on the victim.

    I have no idea the facts, the right or wrong, but I'd be shocked if it ever made it to trial and if it wasn't settled with a payment beforehand. Now, prior to trial is where the insurer's hold the advantage. They can say, "take this small amount now or wait years to see anything and have to pay attorneys out of what you get." Settlement may be quite small.

    I don't think there will ever be a determination of fault. Payments will be made with no admission of fault.
  5. motoryachtlover

    motoryachtlover Senior Member

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    It was the “it helps his family” that threw me off. I agree with your assessment that it will be settled.
  6. olderboater

    olderboater Senior Member

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    Yes, whatever it is, it helps his family. Not a statement his family should be helped, but that any money will help them.