skibum
Well-Known Member
That cooler on your swim platform leaves a little room in there for interpretation. :grin:
Boat collision resulting in death(s)
- Thread starter fc3
- Start date
That cooler on your swim platform leaves a little room in there for interpretation. :grin:
rondds
Well-Known Member
- Oct 3, 2006
- 8,859
- Boat Info
- 2001 380DA
- Engines
- Merc 8.1s (2008)...Hurth ZF 63 V-drives...WB 7.0 BCGD (2013), Garmin 8208 & 740 MFDs, GMR 24xHD dome
Doesnt surprise me in the least that the boat turned out to be a go-fast, probably on its way back from F-cove. As soon as I heard about the incident, GO-FAST was the first thing that entered my mind. To me, the two biggest menaces are the two speed extremes - go-fasts and blow-boats (PWCs can be considered mini-go-fasts [Frank excluded, of course]). At least blow-boats cant mow you down and kill you instantly.
Frank, my cage was rattled by the choppers sunday morning also! And Green Cove was crawling with state police later that morning, slowly combing the fairways looking for a boat with damage. This guy laid low in order to get his ducks in order and dry out, which is sickening. If it was purely an accident with no chemicals onboard or in the bloodstream, he would have stopped. It is certainly a tragedy and a blemish on the face of boating.
Frank, my cage was rattled by the choppers sunday morning also! And Green Cove was crawling with state police later that morning, slowly combing the fairways looking for a boat with damage. This guy laid low in order to get his ducks in order and dry out, which is sickening. If it was purely an accident with no chemicals onboard or in the bloodstream, he would have stopped. It is certainly a tragedy and a blemish on the face of boating.
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osd9
New Member
rondds
Well-Known Member
- Oct 3, 2006
- 8,859
- Boat Info
- 2001 380DA
- Engines
- Merc 8.1s (2008)...Hurth ZF 63 V-drives...WB 7.0 BCGD (2013), Garmin 8208 & 740 MFDs, GMR 24xHD dome
That's funny b/c I was just wondering about the outcome of this case. It seems outrageous that neither the driver or the girlfriend has yet to be interviewed by the "authorities" 8 months later.
osd9
New Member
Teach your children well....."SHUT UP AND LAWYER UP...."
tollycraft
New Member
- Feb 24, 2008
- 281
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- 1988 30Ft Weekender
2004 21 1/2 Weekender
- Engines
- Twin 5.7s Mercruiser Inboards
5 Litre Mercruiser Alpha 1
My condolenses Frank. Couldn't agree with you more. This guy should be taken for evertything he's got besides having him convicted by a criminal court. Do it so that he can never afford a boat again, waters will be safer without guys like him.
rondds
Well-Known Member
- Oct 3, 2006
- 8,859
- Boat Info
- 2001 380DA
- Engines
- Merc 8.1s (2008)...Hurth ZF 63 V-drives...WB 7.0 BCGD (2013), Garmin 8208 & 740 MFDs, GMR 24xHD dome
How the hell do you avoid questioning? I'm not saying arrest or detain the guy. But questioning? Sheesh!
douglee25
Well-Known Member
It's part of the Miranda rights - The Right to Remain Silent.
He doesn't have to answer a thing. The lawyer on the other hand does. So the lawyer can delay things out the wazoo while he and his client get their stories straight.
Typical law BS.
Doug
. . .and if you can't get it straight in 8 monthes. . . keep working on it till you do!
The sad part for the boating communitee is that this area North of the island is a relatively tight no-wake zone. Even in broad daylight he should not have been moving fast enough to cause this accident.
The sad part for the boating communitee is that this area North of the island is a relatively tight no-wake zone. Even in broad daylight he should not have been moving fast enough to cause this accident.
chris41483
New Member
I do not want to take away from the severity of what the family of these innocent people are going through, I feel for them deeply, and hope I never have to feel what they are currently. However, I do want to point out that it is people like this irresponsible coward that ruin boating for the rest of us who exhibit common sense and good judgement, I hope it is a fellow responsible boater who catches this disgraceful human being, so he may be prosecuted. Things like this hurt all of our reputations.
jitts3
Well-Known Member
As horrible as this or any accident is, this idea is just a way for the state to profit on it
+1
I can remember a time with Dad fishing off of Epley Island in Lake Waullenpaupack. There is a real Bad rock Shoal off on end. But great for fishing. It is well marked by a shoal marker. Dad heard a loud outboard coming on fast. it was Dark but full moon. We had our White light on. Dad hit the horn. They never heard it. We were just using a trolling motor at the time fishing. The lake was low and the shoal was REALLY SHALLOW. It turned out to be a pontoon boat loaded with about 5-6 drunks. They ran just past us and ran into the shoal! They damaged the motor and punctured a pontoon. They circled around Listing bad to one side and the engine shaking. They beached it on the Island.
I asked Dad if we NEEDED to help them. Dad said F em. There safe on land! We fished elsewhere that night.
That could have been us.
osd9
New Member
I had that same experience when I was hit by a car. I stepped out from behind our old minivan, in a parking lot no less, and was nailed by a Honda Civic. I put my arm out to stop it (a natural reaction) and met the driver's wife through the windshield and bent the A-piller and went through air about 25 feet and landed on my back. Needless to say, I was in the hospital for awhile and had some reconstructive work on my left arm, shoulder, and ribs involving a rod, some screws and pins as the top part of my arm somehow ended up out my back. The lung thing couldn't be replaced though...
Before I was out of the hospital, I was being sued for malicious damage to their car or something like that. The suit said I ran out and hit their car with my fist and the only thing they could do was "speed up" before they hit me as they were afraid of my actions. The truth is, I never saw it coming... It made them look really really bad and it was tossed out. I assume that will happen in this case.
Before I was out of the hospital, I was being sued for malicious damage to their car or something like that. The suit said I ran out and hit their car with my fist and the only thing they could do was "speed up" before they hit me as they were afraid of my actions. The truth is, I never saw it coming... It made them look really really bad and it was tossed out. I assume that will happen in this case.
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- Nov 12, 2006
- 5,334
- Boat Info
- 1999 Sea Ray 330DA
Twin 7.4 MPI (310 propshaft HP) V-drives
- Engines
- Twin Mercury Marine marinized 7.4L L-29 V8s
Cast iron block w 4-bolt mains
OK. I narrowed it down to three forum members. Now which one drives a honda?
jitts3
Well-Known Member
This link expired. But going by Gary's reply I guess the boat owner who hid his boat is sueing the owners of the Boston Whaler? That is just a distraction move ginned up by the lawyers to add the reasonable doubt.
As for the Honda Civic...Not me.:grin:
osd9
New Member
Here's the article....
[FONT=arial, helvetica][FONT=verdana,arial]April 7, 2009[/FONT]
[FONT=Times New Roman, serif]Filing seeks to limit boater's liability[/FONT]
[FONT=Times New Roman, serif]By MARGARET F. BONAFIDE[/FONT]
[FONT=Times New Roman, serif]STAFF WRITER[/FONT]The man whose boat authorities say ran over a smaller vessel in the Metedeconk River last year, killing an occupant of the second boat, has filed papers in federal court faulting the victim of the fatal collision.
The complaint, filed Feb. 24, says the "alleged collision" the early on Aug. 3 between a 27-foot speedboat operated by Anthony Digilio, here, and a 16.5-foot Boston Whaler in the mouth of the river "was caused solely as a result of the fault, negligence and want of care" of Robert Post.
Post, 49, of Essex Fells, aboard the smaller boat, died in the incident; four others in that boat were injured.
The complaint "for exoneration from or limitation of liability" was published in a legal advertisement Monday as part of Digilio's attempt to obtain an injunction to keep the victims of the crash from holding him liable for an amount no greater than the value of his boat.
The complaint identifies Post as the operator of the Whaler and faults Post for failing to keep an effective lookout, take steps to avoid a collision and use appropriate sound and visual distress devices to alert other vessels. The document also says that the Post boat violated the nautical rules of the road.
Edward J. Dimon, a lawyer whose Toms River firm is representing the victim's widow, Bonnie Post, said that by filing the civil matter in federal court, Digilio's attorneys are attempting to change the jurisdiction of the case.
"There is a series of questions. The first question is the jurisdiction of this case — if it should be in Superior Court or federal court," Dimon said.
Parties seeking to sue Digilio have a deadline of May 20 to respond or forfeit their rights to compensation beyond the value of the boat, according to the federal rules of civil procedure.
Dimon scoffed at the wording "alleged collision" used in the complaint.
"A collision obviously took place and at a high rate of speed," he said. "It was not at a 5-mile-per-hour speed."
"We think all of it as premature," Dimon said of the complaint. "No one has any evidence of any kind to say who was doing what."
The complaint added insult to injury for Bonnie Post and the three other survivors, Dimon said.
"Mrs. Post is throwing all her efforts into her two children," Dimon said. "Having them lead as full lives as they can, given they have lost a father, is a priority for her."
Dimon said the response to the federal complaint will say that authorities have "been doing the investigation, and we have heard nothing from the Prosecutor's Office," Dimon said. "It would be arguably premature to say anyone is at fault pending the outcome of the investigation."
The case is being investigated by the Ocean County Prosecutor's Office and the State Police Marine Bureau. The Prosecutor's Office is awaiting forensic reports before proceeding, said Senior Assistant County Prosecutor Steven Janosko.
[/FONT]
[FONT=arial, helvetica][FONT=verdana,arial]April 7, 2009[/FONT]
[FONT=Times New Roman, serif]Filing seeks to limit boater's liability[/FONT]
[FONT=Times New Roman, serif]By MARGARET F. BONAFIDE[/FONT]
[FONT=Times New Roman, serif]STAFF WRITER[/FONT]The man whose boat authorities say ran over a smaller vessel in the Metedeconk River last year, killing an occupant of the second boat, has filed papers in federal court faulting the victim of the fatal collision.
The complaint, filed Feb. 24, says the "alleged collision" the early on Aug. 3 between a 27-foot speedboat operated by Anthony Digilio, here, and a 16.5-foot Boston Whaler in the mouth of the river "was caused solely as a result of the fault, negligence and want of care" of Robert Post.
Post, 49, of Essex Fells, aboard the smaller boat, died in the incident; four others in that boat were injured.
The complaint "for exoneration from or limitation of liability" was published in a legal advertisement Monday as part of Digilio's attempt to obtain an injunction to keep the victims of the crash from holding him liable for an amount no greater than the value of his boat.
The complaint identifies Post as the operator of the Whaler and faults Post for failing to keep an effective lookout, take steps to avoid a collision and use appropriate sound and visual distress devices to alert other vessels. The document also says that the Post boat violated the nautical rules of the road.
Edward J. Dimon, a lawyer whose Toms River firm is representing the victim's widow, Bonnie Post, said that by filing the civil matter in federal court, Digilio's attorneys are attempting to change the jurisdiction of the case.
"There is a series of questions. The first question is the jurisdiction of this case — if it should be in Superior Court or federal court," Dimon said.
Parties seeking to sue Digilio have a deadline of May 20 to respond or forfeit their rights to compensation beyond the value of the boat, according to the federal rules of civil procedure.
Dimon scoffed at the wording "alleged collision" used in the complaint.
"A collision obviously took place and at a high rate of speed," he said. "It was not at a 5-mile-per-hour speed."
"We think all of it as premature," Dimon said of the complaint. "No one has any evidence of any kind to say who was doing what."
The complaint added insult to injury for Bonnie Post and the three other survivors, Dimon said.
"Mrs. Post is throwing all her efforts into her two children," Dimon said. "Having them lead as full lives as they can, given they have lost a father, is a priority for her."
Dimon said the response to the federal complaint will say that authorities have "been doing the investigation, and we have heard nothing from the Prosecutor's Office," Dimon said. "It would be arguably premature to say anyone is at fault pending the outcome of the investigation."
The case is being investigated by the Ocean County Prosecutor's Office and the State Police Marine Bureau. The Prosecutor's Office is awaiting forensic reports before proceeding, said Senior Assistant County Prosecutor Steven Janosko.
[/FONT]
- Aug 25, 2008
- 1,819
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- 2006 320 V-Drives 6.2s, Bow Thruster, Generator, Raymarine C80, Radar, Fish Finder
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- 6.2 Horizons 320HP
I really don't know how these lawyers can look at themselves in the mirror in the morning. Some of these a-hole lawyers are just plane dirt bags. Their tactics are the despicable.
There is no way that a 27 foot boat can hit an 18 foot boat and not know it. I have hit logs and even little pieces of wood the size of a 10 inch 2x4 and immediately knew that I hit something. I immediately looked behind me to see what I hit. I have never just motored on. The story just doesn’t hold up.
This police should have been able to interview both the girlfriend and DiGillio to see if their stories matched and they should have interviewed the waiter or bar tender at the restaurant that they left and obtained receipts for food and alcohol consumed. It seems like a no brainier, that at the very minumum, this guy should have been charged with leaving the scene of an accident.
As of now, the girl friend should be charged with obstruction of justice. She knows exactly what happened and what DiGillio told her to say. How this has gone on so long with out charges being filed is very suspicious. I have to question what is going on with the prosecutor's office and the State Police. Something doesn't seem right.
There is no way that a 27 foot boat can hit an 18 foot boat and not know it. I have hit logs and even little pieces of wood the size of a 10 inch 2x4 and immediately knew that I hit something. I immediately looked behind me to see what I hit. I have never just motored on. The story just doesn’t hold up.
This police should have been able to interview both the girlfriend and DiGillio to see if their stories matched and they should have interviewed the waiter or bar tender at the restaurant that they left and obtained receipts for food and alcohol consumed. It seems like a no brainier, that at the very minumum, this guy should have been charged with leaving the scene of an accident.
As of now, the girl friend should be charged with obstruction of justice. She knows exactly what happened and what DiGillio told her to say. How this has gone on so long with out charges being filed is very suspicious. I have to question what is going on with the prosecutor's office and the State Police. Something doesn't seem right.
jitts3
Well-Known Member
We all can see with our own hearts and minds what happened here. I'll admit that it is possible that the whaler may have made an unanticipated move, BUT there is no reason that a boat runs over another. We all have had people make some boneheaded moves by either failing to yeild the right-of-way. This does not entitle one to run him down. I'm no advocate of speed limits but you shouldn't be runnng faster than you can see and avoid another boat. Even if the boat is supposed to yield to you. The Boston Whaler was displaying the green light. It was hit on the starboard side. Even if he did not yield the faster boat should have used evasive maneuvers. This is where they will be tied up in court.
Please don't get me wrong, I'm not blaming the victims here. What I'm saying is even IF they goofed up, the faster boat should have seen that and avoided them.
Now it's in the hands of the courts. No Justice will be given here.
Please don't get me wrong, I'm not blaming the victims here. What I'm saying is even IF they goofed up, the faster boat should have seen that and avoided them.
Now it's in the hands of the courts. No Justice will be given here.
Woody
Well-Known Member
I agree the scenario makes the go fast look bad and probably in the end it will be found to be accurate. Are there any dependable facts out there? Where was the wrecked boat coming from? Could they have stopped for a few minutes, shut down the running lites and oggled the evening sky. We shouldn't lose sight of..innocent until proven guilty.