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Old 10-07-2014, 17:35   #136
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Re: Rebel Heart Crew Suing.....

1)Would it be accurate to say Erik/RH chose to get under way without waiting for the new SIM card that he knew was mailed to him?

2) In the interview video Erik states that he had everything he needed to make the child well (drugs, syringes) and only needed info from the pediatrician. Once the Parajumpers got him that info with their functioning cell phones and the child was considered stable, why abandon ship?

Why didn't the family stay on the boat if all they needed was the info they got? Did the whole trip rely on a single satphone?

4) Several days they sat on board with the parajumpers satphones before the Vandegrift got on scene.......why didn't Erik contract with a tug to come get him and the boat? Tugs from san diego regularly fetch yachts from Ensenada to Puerto Valllarta and bring them back to San Diego for warrantable repairs.

I fail to see the connection between a non-functioning satphone and the choice to scuttle a boat whose owner said was plagued by structural, mechanical and electrical problems.
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Old 10-07-2014, 17:39   #137
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Re: Rebel Heart Crew Suing.....

This is just plain nuts
A SIMM card claimed to be sent to an incorrect address
Fine, but why depart without straightening the situation out?
Would he have done the same if it was his life raft?
If the sat phone was considered to be a life saving piece of kit
What person would depart without making sure it was 100%
Good to Go? This whole story makes all cruisers look stupid.
Want to take a guess how many would want to charge Manslaughter,
Child endangerment, and a whole host of other charges if the baby died?
As the father of two it's just plain STUPID to take a 3 week old
On this type of trip. Babies can and do get very sick very fast
Drop the suit and fad away
But of course that might hurt the cash value of the story
RH got lucky his kid didn't die and that there where
Plenty of brave people out there willing to help
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Old 10-07-2014, 17:49   #138
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Re: Rebel Heart Crew Suing.....

If nothing else, it makes sailors and other wilderness users aware that they are not necessarily buying a way of making contact when they sign up for the Sat Phone. That in itself has value.
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Old 10-07-2014, 17:58   #139
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Re: Rebel Heart Crew Suing.....

Quote:
Originally Posted by Time2Go View Post
As the father of two it's just plain STUPID to take a 3 week old
On this type of trip. Babies can and do get very sick very fast
I guess I didn't read the part about them having a 3 year old. I thought it was 2 years.

I see no issue in cruising with kids, but to do a crossing like that with a 3 year old does seem nuts. Why the rush?

I think calling the coast guard was the right decision. I also think abandoning the boat was the right decision. I think scuttling the boat was the right decision. Where they went wrong was starting the trip in the first place and filing a lawsuit. I might even give them a break on starting the trip, but the lawsuit.. no.
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Old 10-07-2014, 18:01   #140
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Re: Rebel Heart Crew Suing.....

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Originally Posted by natew View Post
Never said they were. Nor do I think they really should be on the hook for millions of dollars or whatever it comes to be. I'm more of an apology type of person. Admit you are wrong and tell me what you are going to do to keep it from happening again and we shall part ways but rarely does that ever happen without a lawsuit being filed.
I agree, I don't think they should have to pay the bill. I'm not sure anyone should have to in a true emergency where the services are truly needed. Isn't that why we have the coast guard in the first place?
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Old 10-07-2014, 18:05   #141
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Re: Rebel Heart Crew Suing.....

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Originally Posted by maytrix View Post
I agree, I don't think they should have to pay the bill. I'm not sure anyone should have to in a true emergency where the services are truly needed. Isn't that why we have the coast guard in the first place?

Why, are they " on the hook " for the rescue?

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Old 10-07-2014, 18:07   #142
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Re: Rebel Heart Crew Suing.....

Hmmmm........

I told you so????
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Old 10-07-2014, 18:11   #143
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Re: Rebel Heart Crew Suing.....

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Why, are they " on the hook " for the rescue?

Dave
I don't know that they are - was just responding to the prior comment.
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Old 10-07-2014, 18:18   #144
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Re: Rebel Heart Crew suing.....

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Originally Posted by Ex-Calif View Post
.


I am conflicted over this one. I like Eric but I am not in favor is suing when one's self-chosen plans don't work out.

Everyone lived, they lost some property. Write a book...
I am conflicted over this one. I like Eric but I am not in favor is suing when one's self-chosen plans don't work out.

Well said. thoughts that I have tried to put in words under many circumstances.

Thanks.

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Old 10-07-2014, 18:20   #145
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Re: Rebel Heart Crew Suing.....

I don't see how the satellite company can be held liable for the kaufmans' decision to sink their boat. Eric could have sailed it. Did the military order him to sink it?

I feel relieved that if they are waiting for this money to buy a boat and get back on the water, it will be several years before that happens. My MIL is still involved in a probate lawsuit she is clearly going to win; the lawsuit was filed in 2005.
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Old 10-07-2014, 18:20   #146
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Re: Rebel Heart Crew Suing.....

Any (sleazy) lawyer would love to take their case. It will end in a settlement. Just flood the discovery with everything including all the comments on SA, CA, and the RH blog. Sure, there are some bad facts in there (rotten boat for example). But the bad publicity for Iridium is such a costly factor that a confidential settlement is in that corporation's best interest.


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Old 10-07-2014, 18:24   #147
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Re: Rebel Heart Crew suing.....

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Originally Posted by westsail42 View Post
What a role model for us (wannabe?) sailors: fail your dreams? sue someone!

Sailors know you never put your eggs on one basket. You always plan contigencies.

So because he believed his SATPHONE would work, but did not, his family assumed undue risk?

Wait, were there capable global sailors before satphones? Guess not...
Exactly. The risk of sailing across the Pacific with small children is greater than the risk of the satellite phone not working...---> not a full settlement, if it even gets that far. A jury (depends on California, which is admittedly flakey) would discount Eric's portion of the risk from the settlement.
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Old 10-07-2014, 18:25   #148
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Re: Rebel Heart Crew Suing.....

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Originally Posted by Oronoco View Post
Any (sleazy) lawyer would love to take their case. It will end in a settlement. Just flood the discovery with everything including all the comments on SA, CA, and the RH blog. Sure, there are some bad facts in there (rotten boat for example). But the bad publicity for Iridium is such a costly factor that a confidential settlement is in that corporation's best interest.


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I would be stunned if iridium settled. It would set a president that every tom dick or Harry would sue on the slightest issue. I suspect they will fight this to the end.

In that respect , what bad publicity for iridium. They are actually blameless , they'll blame the supplier , end of story. They don't have much reputation to loose anyway. It's not like there's a host of competitors.

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Old 10-07-2014, 18:28   #149
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Re: Rebel Heart Crew Suing.....

I'm no lawyer but in California, it's rare that a settled case could be used as a precedent.


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Old 10-07-2014, 18:30   #150
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Re: Rebel Heart Crew Suing.....

Hopefully Rebel Heart will spend the proceeds of their lawsuit on a house within shouting distance of emergency services and not another boat. Only word I can think of is pitiful.
Here's a thread that Rebel Heart started that says it all.
what a mess: zenamaran
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