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Old 11-07-2014, 15:25   #316
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Re: Parents Rescued by Navy Warship Plan to File Lawsuit

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Originally Posted by leont View Post
Just read on Yahoo. Under-equipped boat offshore plans to sue the satellite company instead of praying to our great country. Sounds very pitiful to me.
Where is the CF community's love?

You, with 16 posts aren't part of that community but on the other thread, many that I have respected are dumping on Rebel Heart.

Who here could say if Eric's sat phone wasn't turned off by the provider, he would have received the same medical advise that the SAR personal received on their sat phone? With those comms Lyra would have responded in a positive manner and the passage would have continued.
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Old 11-07-2014, 15:26   #317
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Re: Rebel Heart Crew Suing.....

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Originally Posted by SV THIRD DAY View Post
but I'm also not going to be a part of the BS attacks that reflect more poorly on some of the CF Members making them than on the still tramatized family trying to put their life back together. Even if I disagree with their choices then and now, they are STILL members of the Cruising Community.

.
While I agree that personal "name calling" and attacks should not be tolerated a critical examination of their behavior is not only prudent but necessary.

Supporting what they are doing by our silence and or "blind support" would reflect worse on us than what we are doing on this thread.

There are many comments from this thread being cross posted on other forums and they are noticing that this community predominantly does not favor what Eric is doing.

Like choosing to go to sea as a solitary sailor, he is also choosing the solitary is path of litigation. If he loses maybe he'll sue CF members for messing up his lawsuit by confounding it with too much truth...
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Old 11-07-2014, 15:27   #318
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I have reviewed the Iridium phone agreement. It states that the seller isn't liable except for gross negligence. The agreement is governed by Florida law and that the lawsuit must be filed in State or Federal Court in Florida.

I TV."
Waivers of liability in services agreements are rarely enforceable in U.S. courts. Besides that, what happened here might very well be gross negligence.

The fact that a contract is governed by Florida law doesn't mean that disputes under it necessarily have to be heard in the courts of that state. Forum selection clauses were traditionally unenforceable. That's no longer necessarily true, but they are still very often not enforced - the law presumes that the plaintiff has the right to choose any court with subject matter and personal jurisdiction. And in any case, this is a tort, not a contract dispute.

So it is a big mistake to jump to conclusions like this. It's not nearly so simple.
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Old 11-07-2014, 15:35   #319
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Re: Rebel Heart Crew Suing.....

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I can understand the feelings they are going through. Our "welcome home" was planned after what for us was a successful 4yr cruise and we had a very difficult time adjusting back to the "real world", I'm not even sure I have adjusted yet to be honest. Nor am I sure I really want too when I look around at this "first world civilized country". After the releif of being safe and not losing their child now the financial reality takes hold. Rent, Car, food, JOBS...the increased cost of living and dealing with the **** that most Americans calll normal but is actually insane. That can really get you down and make you look for someone to blame, when you should be in Bora Bora. Living in San Diego when you "should be" in Paradise.

We had a 1000 mile Baja Bash to beat the Joy and life out of us before returning to the States, they had a US Navy Rescue ship. So I'm going to cut them some slack. I don't think they should prevail in the lawsuit, but I'm also not going to be a part of the BS attacks that reflect more poorly on some of the CF Members making them than on the still tramatized family trying to put their life back together. Even if I disagree with their choices then and now, they are STILL members of the Cruising Community.

.
as are the zennamarine sailors that eric took pity on

what a mess: zenamaran
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Old 11-07-2014, 15:36   #320
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Re: Rebel Heart Crew Suing.....

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Unfortunately for him, the Web Archive never forgets, or changes. Put the URL of the deleted post in the WayBack Machine, and tada!
'
Not quite. Archiving sites can only archive what their spider bots can access. Many sites use bot blockers to prevent this. That other site where he is supposedly deleting posts is one of those blocked sites.

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Old 11-07-2014, 15:53   #321
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Re: Parents Rescued by Navy Warship Plan to File Lawsuit

atoll,

I know Eric has been critical of others, not one of his better traits and he owns up to that in both the recent interview and that thread. He has been a member of the CF community longer than me and as a long term member I would think other old timers would cut him some slack.

I was a member for over a year before Eric got me out of the closet as to me being a merchant mariner in one of his "fun" threads. I have always respected folks like you that cross oceans in small boats, sometimes alone. 25 years ago when I cruised I would have loved to cross an ocean but back then was before I learned celestial navigation.
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Old 11-07-2014, 16:16   #322
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Re: Parents Rescued by Navy Warship Plan to File Lawsuit

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atoll,

I know Eric has been critical of others, not one of his better traits and he owns up to that in both the recent interview and that thread. He has been a member of the CF community longer than me and as a long term member I would think other old timers would cut him some slack.

I was a member for over a year before Eric got me out of the closet as to me being a merchant mariner in one of his "fun" threads. I have always respected folks like you that cross oceans in small boats, sometimes alone. 25 years ago when I cruised I would have loved to cross an ocean but back then was before I learned celestial navigation.
sorry bob,if i have to dispell your illusions,but over on facebook and other sites the rebel heart media machine has been hard at work,with literally hundreds of posts,creating a picture perfect impression of blameless parenting,skilled navigation,and an idylic lifesyle curtailed buy no fault of their own.

meanwhile minipulating media attention to suit their own percieved ends........

if only they would come out and admit there was no sick child,and that charlotte went nuts and they had had enough,this we could understand,and no doubt the community would be more than supportive,rather than perpetuate the lie......with consequenses for the whole cruising community in terms of stricter regulation,boat safety inspections etc
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Old 11-07-2014, 16:29   #323
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Re: Parents Rescued by Navy Warship Plan to File Lawsuit

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Originally Posted by atoll View Post
sorry bob,if i have to dispell your illusions,but over on facebook and other sites the rebel heart media machine has been hard at work,with literally hundreds of posts,creating a picture perfect impression of blameless parenting,skilled navigation,and an idylic lifesyle curtailed buy no fault of their own.

meanwhile minipulating media attention to suit their own percieved ends........

if only they would come out and admit there was no sick child,and that charlotte went nuts and they had had enough,this we could understand,and no doubt the community would be more than supportive,rather than perpetuate the lie......with consequenses for the whole cruising community in terms of stricter regulation,boat safety inspections etc
I have quite a real resume', lot's of practical and classroom experience...have been on the water and over the water from pole to pole for longer than most here have been alive...have more maritime survival training than all but a few....etc...etc..

I can recommend an almost endless list of suggestions to a boatowner to cross an ocean. I probably could do it and do it without much fuss with the right budget and I don't mean anywhere's close to a million.

But to tell you the truth..I have no interest in doing it in a smaller vessel because I know what it can take out of a larger vessel....and to tell you the truth..after decades of at sea rescues...I doubt the livin' crap out of myself. I want to see my grandkids grow up. There's way too much beer out there that needs to be drunk.

I'm sure there's a lot here that do it on a regular basis and have it all together....I'm sure there's a lot more that just get by with luck. Those that don't make it just prove that it's not idiot proof to even all but there very top of the pyramid.

Anyone can do something once and get away with it...thus the hundreds of success stories...but a person that continues day after day, crossing oceans in small vessels with nary a tale to tell are the ones to belly up to the bar with and keep ordering till their advice just explodes your brain.
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Old 11-07-2014, 16:32   #324
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Re: Parents Rescued by Navy Warship Plan to File Lawsuit

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sorry bob,if i have to dispell your illusions,but over on facebook and other sites the rebel heart media machine has been hard at work,with literally hundreds of posts,creating a picture perfect impression of blameless parenting,skilled navigation,and an idylic lifesyle curtailed buy no fault of their own.
Don't forget boat prep, HF radio and storm tactics.

First they freak out the soccer moms - who actually came here and told us they favor regulation to stop weird cruisers from taking their own kids off-shore.

Fatty G covered this in like his second book - Dirt dwellers naturally hate us - We live on the beach in Mexico with no visible means of support, our kids don't go to "normal schools" and will one day be a burden on society and when things get tough we spend "their" tax dollars on $600k rescues. We are like one step above homeless people, maybe lower as homeless people know their place!

Now he's alienated his "fan base" on the other board and quite frankly has tweaked a nerve on a lot of folks here.

Man up, buttercup - you chose to go to sea. The satphone company didn't sink your boat...

The worst part is that he will likely get a settlement and perceive that he is "right" and all his actions were correct and repeat many (most) of his same mistakes.
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Old 11-07-2014, 16:32   #325
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Re: Rebel Heart Crew Suing.....

Deckofficer, I'm a fan of yours, but Eric deserves the same compassion he has shown others in the predicament he now finds himself in. Reading some of other forum posts speaks volumes of his character (yes, read many of them before he deleted). I was in his corner right up until he came back here and showed no humility and said "no, nothing I would change looking back". Seriously?? I go to bed and rarely does a night pass where I don't reflect on the days events and say, ****, should have handle that differently. I'm ex-Army and I know the feeling of, infalliblity (its what they taught us young kids). But, maturity creeps in and reminds you, we are human full of faults. Eric has shown no humility in my opinion, thus the backlash... I sincerely think if he approached this with more humility, the critics would be less vocal... Just my humble opinion... and again, I initially was a fan of Eric and his choices, but his actions over the past few months makes it difficult for me to support him
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Old 11-07-2014, 16:46   #326
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Re: Rebel Heart Crew Suing.....

Atoll,

I'm quite sure you presently believe what you wrote that Lyra was not sick, or you would not have written it, but I would respectfully ask you to re-consider that.

I think she probably was, partly because of how the paramedics spoke of her treatment at the press conference. For them to be lying involves a conspiracy of too large proportions to be credible, to me at least.

*

Rich, thank you for a compassionate post about the difficulties of readjustment to land life following their trauma.

*

deckofficer,

I think a lot of the silence of the old hands could be explained by wanting to see how things develop. It also seems a bit pointless to bother to rebut people's evil accusations who really have made no effort to follow the situation from the beginning. They probably just like spouting off, do not come from the wanting to help ground of being of the experienced cruiser.

*

Much of this thread has struck me as being vicious gossip which I've found extremely unpleasant; but there have also been some informative posts relative to the US system of "tort" law.

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Old 11-07-2014, 16:48   #327
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Re: Parents Rescued by Navy Warship Plan to File Lawsuit

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Originally Posted by atoll View Post
sorry bob,if i have to dispell your illusions,but over on facebook and other sites the rebel heart media machine has been hard at work,with literally hundreds of posts,creating a picture perfect impression of blameless parenting,skilled navigation,and an idylic lifesyle curtailed buy no fault of their own.

meanwhile minipulating media attention to suit their own percieved ends........

if only they would come out and admit there was no sick child,and that charlotte went nuts and they had had enough,this we could understand,and no doubt the community would be more than supportive,rather than perpetuate the lie......with consequenses for the whole cruising community in terms of stricter regulation,boat safety inspections etc
I understand where your coming from. You have always been a "doer" and not a dreamer or armchair sailor. Plus you have been modest in describing what you have done. Eric, on the other hand had the bravado to write a book on cruising Mexico after just a year of being in country.

But I don't think his bravado should discount his recollection of the events as they unfolded in his life. Both he and Charlotte were honest in their feelings on their blog. Eric, the gung-ho sailor that fabricates boat parts from local materials to Charlotte's appraisal of not being sure this cruising is for her. The detractors are using the honesty displayed in the blog posts against them.

Here is all I'm trying to say,

Had Eric been able to use that sat phone and Lyra showed the same improvement, they might be in the South Pacific right now with the other kid boats and the dialogue on the forum would be different.

Don't you think that would be possible?

I know a lot was made of issues related to this passage, leaks, loss of comms, steerage, charge controller and other electronics damaged, low water and fuel, but the button was pushed for the health of the kid.
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Old 11-07-2014, 17:15   #328
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Re: Parents Rescued by Navy Warship Plan to File Lawsuit

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I understand where your coming from. You have always been a "doer" and not a dreamer or armchair sailor. Plus you have been modest in describing what you have done. Eric, on the other hand had the bravado to write a book on cruising Mexico after just a year of being in country.

But I don't think his bravado should discount his recollection of the events as they unfolded in his life. Both he and Charlotte were honest in their feelings on their blog. Eric, the gung-ho sailor that fabricates boat parts from local materials to Charlotte's appraisal of not being sure this cruising is for her. The detractors are using the honesty displayed in the blog posts against them.

Here is all I'm trying to say,

Had Eric been able to use that sat phone and Lyra showed the same improvement, they might be in the South Pacific right now with the other kid boats and the dialogue on the forum would be different.

Don't you think that would be possible?

I know a lot was made of issues related to this passage, leaks, loss of comms, steerage, charge controller and other electronics damaged, low water and fuel, but the button was pushed for the health of the kid.
having elected to sail,whilst both kids were taking anti biotics from a know problem/condition ,to being caught out 12 days later by a listless child,

although no mention of it at the time in any of their numerous blog posts,or face book postings,or communications with charlottes sister untill the 3rd of april when charlotte posted on their blog "if you cant say anything,dont say anything at all"

meanwhile ,commenting on how all the systems on the boat had broken,no power,unable to self steer,torn sails and a leak,losing their sat comms really must have been the last straw to a couple trying to blog their way around the world on a shoestring...........what better way to garner blog clicks and advertising revenue than an international rescue............

hey!honey we can really make this work for us...the sat phone just stopped working as well,lets sue their asses and dump this wreck.......
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Old 11-07-2014, 17:32   #329
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Re: Rebel Heart Crew Suing.....

UOTE=Ann T. Cate;1582396]Atoll,

I'm quite sure you presently believe what you wrote that Lyra was not sick, or you would not have written it, but I would respectfully ask you to re-consider that.

I think she probably was, partly because of how the paramedics spoke of her treatment at the press conference. For them to be lying involves a conspiracy of too large proportions to be credible, to me at least.

*

Rich, thank you for a compassionate post about the difficulties of readjustment to land life following their trauma.

*

deckofficer,

I think a lot of the silence of the old hands could be explained by wanting to see how things develop. It also seems a bit pointless to bother to rebut people's evil accusations who really have made no effort to follow the situation from the beginning. They probably just like spouting off, do not come from the wanting to help ground of being of the experienced cruiser.

*

Much of this thread has struck me as being vicious gossip which I've found extremely unpleasant; but there have also been some informative posts relative to the US system of "tort" law.

Ann[/QUOTE]

all the paramedics said in the interview was that they staybalised the child very quickly,with knowing looks to one another....... once they were onboard vanderglift charlotte published photos taken less than 24 hours later of a very active and healthy baby onboard rebel heart enjoying the company of the paramedics in the cockpit.......a picture is worth a 1000 words
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Old 11-07-2014, 17:36   #330
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Re: Rebel Heart Crew Suing.....

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Did you see a few accusations there of Eric hacking into other people's accounts?
Hmmmmmm........can a person sue if their account has been hacked? I need my first boat. Just saying.
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