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Old 05-10-2012, 13:25   #271
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Re: Pitch In And Help

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Originally Posted by denverd0n View Post
Let's not get carried away here, folks. There is absolutely no evidence at all--not one single shred--that Burki has any intent, or even any interest, in trying to sue anyone. And frankly, if he did, I doubt it would ever go anywhere.

First off, one conversation with the guy and most lawyers would realize that it is going to be a complete loser if it ever gets to court. Those who have met him--imagine a judge or juries reaction to his testimony. Can you say "no credibility"? And probably more important, he was asked; he gave explicit permission to those involved to do what they did.

I was just a bit surprised by the fact that he is now blaming his problems on those who helped him. I am certain that a lawsuit is the last thing on his mind (although, I'd be a little frightened of trying to figure out just what is on his mind!).

I'm not surprised that Jay took that tack. However, any lawyer would have access to the previous court hearings involving Mr. Burki. This also means that any judge who heard a new lawsuit from Burki would have access as well. I just don't think a lawyer would take such a case.

Unfortunately for Mr. Burki, I think this is his standard way of dealing with life -- find a way to make it someone else's fault, at least in his mind. We never heard the whole story about how his jaw got broken, but I have lived in the Gulfport area for six years and have *never* heard of such a violent fight in the watering holes of Gulfport before. I simply don't believe that he did nothing to contribute to whatever happened to him.
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Old 05-10-2012, 13:27   #272
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Re: Pitch In And Help

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Originally Posted by foolishsailor View Post
That is a shame. As an American expat for a decade I feel some shame when looking back on certain aspects of my country, one is the litigation culture the other is the media. There are so many beautiful things and the States and the People, but lawyers and media are part of that.

I wish Steve, "Mr. smith", was protected by Samaritan laws but alas I doubt it.

I hope that the fact that the entire process was documented by numerous witnesses here on CF and in the paper will protect him however based on my numerous involvements with the legal system as part of my work I doubt it.

Shame.

I had the same thought about the Good Samaritan laws and checked Florida's. Florida's is all about emergency medical help. I'm not a lawyer but I don't think there's any way that law offers protection to Steve. However, as I pointed out in another post, I think Burki's recent history with the judicial system offers indirect protection to Steve -- I don't think any lawyer -- or judge -- would take him seriously.
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Old 05-10-2012, 13:51   #273
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Re: Pitch In And Help

Congratulations to all those that helped.

Getting a boat off that is stuck like that is never easy. It's a great shame the owner is not enormously grateful for your efforts.

You have my respect and admiration
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Old 05-10-2012, 19:07   #274
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Re: Pitch In And Help

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Originally Posted by denverd0n View Post
Let's not get carried away here, folks. There is absolutely no evidence at all--not one single shred--that Burki has any intent, or even any interest, in trying to sue anyone. And frankly, if he did, I doubt it would ever go anywhere.

First off, one conversation with the guy and most lawyers would realize that it is going to be a complete loser if it ever gets to court. Those who have met him--imagine a judge or juries reaction to his testimony. Can you say "no credibility"? And probably more important, he was asked; he gave explicit permission to those involved to do what they did.

I was just a bit surprised by the fact that he is now blaming his problems on those who helped him. I am certain that a lawsuit is the last thing on his mind (although, I'd be a little frightened of trying to figure out just what is on his mind!).
There was explicit consent in accepting the help. There's no evidence of ownership of the boat and rights of possession are dubious. All we know is that he made an obviously untruthful statement during an interview with a magazine. Any prospect of a lawsuit is ill-founded.
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Old 06-10-2012, 09:09   #275
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Originally Posted by CapnBrown
I would ask anyone who helped getting the boat off the beach to please draft a letter to the editor of Southwinds to describe what they witnessed to set the record straight.

Let's set the record straight and make some reaction if he does make an attempt at a suit. Mr. Smith was well aware that a suit could be possible and that he was taking a chance along with the rest of us. He simply believes that being frightened of a lawsuit and using it as a basis for ignoring his humanity (for lack of a better word) is wrong. He has taken legal steps to protect his business as he sees fit and don't think for a minute he's naive about this. Maybe you wouldn't agree with his choice but that doesn't mean he doesn't understand. He does.
The letter idea is a good one. It is a proactive way to get it all on record. I believe protecting the group now is a good thing. You may not believe a lawsuit is coming but it's not bad to cya just in case. I don't know anyone assumed Mr. Smith was not aware of what he was doing. I think we all think he's a hero for what he did and just want no harm to come to him.
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Old 06-10-2012, 20:13   #276
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Re: Pitch In And Help

I believe that Steve did have permition from Jay to do what was nessasary to get the boat off the beach. Steve made it very clear to Jay what needed to be done. Steve told me and others that he was not going to proceed with anything, unless he had permition. A letter to the editor of South Winds may just prolong uncertainty. I think Steve knows what he is doing, if he thinks it is a good idea to but do something more, he will ask for it.
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Old 06-10-2012, 21:48   #277
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Re: Pitch In And Help

I think Im finaly understanding why he got his jaw broken !!
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Old 06-10-2012, 21:54   #278
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Re: Pitch In And Help

We no longer need to worry about the boat as apparently Burki sold it and no longer is involved. It has been moved.
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Old 08-10-2012, 08:05   #279
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Re: Pitch In And Help

Rocketman, I already wrote Southwinds as the comment Jay made, although not mentioning any kind of suit, does reflect badly on Steve and I wanted to make sure any public reading the article understands that was a misrepresentation. So having other letters that stand up for Steve without making it look like a personal argument but rather letting people know the truth was what I was getting at. These comments disparaging Jay only make this look like things are being said to "get him" and that the truth could be bent to those ends.

We know what transpired and we know care was taken. I just don't want prospective clients of Steve to make a mental not that he is somehow dubious.
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Old 09-10-2012, 09:41   #280
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Re: Pitch In And Help

Well, no surprise here......but, as an attorney, let me assure you...the posts on this thread and the video of how Steve, et. al. handled the floating of Burki's boat alone are enough to bounce Burki , and any attorney he might convince to undertake this action, right out of court. ( An as a further consideration, attorneys who do file meritless cases of this nature frequently find themselves the subject of court ordered sanctions, fees and penalties) Nevertheless, after over 20 years in practice, I am not so naive as to think there aren't "attorneys" out there that might take the case, it is my belief that no decent , knowledgeable and credible attorney would engage in such a foolish and spurious litigation....
I join the others who commend Steve and the crew, they stepped in to help when no one else would do so....despite the "crap" from the beneficiary of their good work, I hope they never loose that willingness to help when need arises ...
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Old 09-10-2012, 09:48   #281
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Re: Pitch In And Help

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Originally Posted by avb3 View Post
We no longer need to worry about the boat as apparently Burki sold it and no longer is involved. It has been moved.
That's some of the best news I've heard about this situation. I would hope the boat will once again sail spruced up with a new owner but, if it's recycled so be it.
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Old 09-10-2012, 09:48   #282
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Re: Pitch In And Help

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Originally Posted by CapnBrown View Post
Rocketman, I already wrote Southwinds as the comment Jay made, although not mentioning any kind of suit, does reflect badly on Steve and I wanted to make sure any public reading the article understands that was a misrepresentation. So having other letters that stand up for Steve without making it look like a personal argument but rather letting people know the truth was what I was getting at. These comments disparaging Jay only make this look like things are being said to "get him" and that the truth could be bent to those ends.

We know what transpired and we know care was taken. I just don't want prospective clients of Steve to make a mental not that he is somehow dubious.

Well, that's been Burki's claim all along, that everyone was out to get him.

Glad you wrote that letter.
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Old 09-10-2012, 09:53   #283
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Re: Pitch In And Help

By the way, I am moving from the area Nov. 1. However, it isn't a problem restricted to my current little corner of Boca Ciega Bay, and it's an issue I will continue to consider. I may get active about it in my new location if it turns out to be an issue there. I really appreciate the thoughtful turn this thread has taken.
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