Columbia River Boater Sued!

[LakeSuperior]

Interesting brief article and video.

Fisherman who jumped into river to avoid oncoming motorboat sues helmsman | Fox News

[paulajayne]

Originally Posted by LakeSuperior

Interesting brief article and video.

Fisherman who jumped into river to avoid oncoming motorboat sues helmsman | Fox News

Video of incident.

https://www.youtube.com/watch?v=agWmkZYu31Q

[senormechanico]

We once blew a horn at a big power boat which nearly squashed us between a shoreside channel marker and himself.
This happened just South of the Agate Pass bridge in Puget Sound.
He passed us close by (less than 20 feet) at around 20 knots in a 5 or 7 knot zone and nobody was at the helm.
He returned and chewed us out because we "scared" his wife.
They were below eating lunch while the boat was on autopilot.

[boatman61]

Damn inconsiderate fishermen..

But seriously.. Damn they're lucky to be alive.

[a64pilot]

I hate to say it, but he ought to sue, that was inexcusable. I can’t believe that was on video, what are the odds? They had a camera set up just recording?

[four winds]

Had two cameras set up.

Looks like maybe a charter fishing boat. I think might have been hoping for some footage of a big catch.

[CFS Klopas]

After collecting from the powerboater, he can get 5 figures from the camera manufacturer for an endorsement deal. Direct hit at 20 knots and the camera survived!

[CaptsWife]

Originally Posted by senormechanico

We once blew a horn at a big power boat which nearly squashed us between a shoreside channel marker and himself.
This happened just South of the Agate Pass bridge in Puget Sound.
He passed us close by (less than 20 feet) at around 20 knots in a 5 or 7 knot zone and nobody was at the helm.
He returned and chewed us out because we "scared" his wife.
They were below eating lunch while the boat was on autopilot.

Wowza!

[CaptsWife]

Originally Posted by a64pilot

I hate to say it, but he ought to sue, that was inexcusable. I can’t believe that was on video, what are the odds? They had a camera set up just recording?

He did sue. There is info somewhere.

[Cheechako]

Originally Posted by a64pilot

I hate to say it, but he ought to sue, that was inexcusable. I can’t believe that was on video, what are the odds? They had a camera set up just recording?

I agree

[a64pilot]

Originally Posted by CaptsWife

He did sue. There is info somewhere.

Understood, often when an hear of a lawsuit I think maybe they were sue happy or maybe there was a better way of handling it.
For this, I think a suit is warrantied.

[Sos]

Tough little boat !

[SV Siren]

There is a link to the original story that "The Oregonian" newspaper wrote:

Here is an exerp: Maess suffered vision problems, headaches and injuries to his ankle, leg and arm from jumping into the water or being struck by debris, according to the suit. Five months after the crash, he wears a knee brace, the suit says.
McMahon and Durham also suffered injuries, including cuts or hypothermia. They haven’t filed suit against Larsen but have hired attorneys who say they plan to. Portland attorney Josh Lamborn said his client, Durham, also has suffered psychological trauma and, even though fishing is a big part of her life, hasn’t been able to go back out on a boat since the crash.

A link to the story: Fisherman caught on video jumping into water to avoid death sues boat driver | OregonLive.com

[zeehag]

sue the jerk?? and well they should. shameful practice of driving at speed without a view, nott o mention running over someone else. glad no one was killed. the fishermen were lucky that day escaping alive

[svHyLyte]

More from the article:

Clatsop County sheriff’s deputies accused boat driver Marlin Lee Larsen of several crimes after the 75-year-old told investigators he couldn’t see where he was driving because he was sitting down and the dash of his boat was blocking his view. Larsen said he probably should have been standing, according to the sheriff’s report, which notes Larsen uses a motorized scooter to get around on land.

Larsen’s son-in-law, who also was on the boat, told investigators that he had warned his father-in-law to pay attention, that he sometimes sees his father-in-law using his cell phone while driving the boat and that his father-in-law had been off-and-on his cell phone the morning of the crash, according to the sheriff’s report.

In addition to the son-in-law's testimony, the video, alone, would seem to establish res ipsa loquitur for a finding of criminal negligence on the part of Larsen ("res ipsa loquitur" meaning "the evidence speaks for itself") although Oregon does not, per se, have a criminal negligence statute. Larsen's only defense might be that the victims anchored in a navigable channel (although they appeared to be drift fishing). Still under Oregon's comparative negligence standard Larsen is still liable. At a minimum he should be forced to "pay up" mightily and barred from further operating a powered boat. Such payments, however, will not remedy the long term injuries of the victims.

Fortunately, they survived, but what a stupid waste.