Terry B. Crouppen Personal Injury Law Blog on Lawyers.com

Family alleged that electrical tape insulating spliced wires created a hazardSubmitted by James P. Lemonds and Andrea D. McNairy, Brown & Crouppen, 720 Olive St., Suite 1800, St. Louis, MO 63101; 314-421-0216, 314-421-0359 (fax) 

$2 Million Settlement

The family of a boat mechanic who died of suffocation after being trapped by an outboard motor that shifted position without warning has settled a wrongful death case against a marine dealer for $2 million.

An investigation into the accident set the stage for compensatory damages: It was revealed that electrical tape had been used to insulate spliced wires leading to the outboard motor.

“Electrical tape, wires and water do not mix,” said James P. Lemonds of the St. Louis-based law firm Brown & Crouppen. Lemonds and Andrea D. McNairy of Brown & Crouppen represented the boat mechanic’s family. “Electrical tape isn’t waterproof. If it falls off, exposed wires can trigger a deadly mechanical response, resulting in a hazard to people inside and outside the boat.”

The boat mechanic was sent to a home on a Missouri lake to examine a boat. Approximately one week earlier, the boat’s outboard motor — which had been installed by a marine dealer that did not employ the mechanic — had unexpectedly trimmed, or tilted upward, while the owners were operating the boat on the lake.

As the mechanic inspected the motor, it trimmed up to its full mechanical travel limit, pinning the mechanic’s chest between the motor and the tow bar for approximately 25 minutes. The mechanic, who could not be freed, suffocated.

The mechanic’s family filed a wrongful death lawsuit in a Missouri circuit court against the marine dealership that originally installed the outboard motor, asserting negligence and strict liability claims.

The family alleged that when the marine dealer spliced the motor’s interconnecting cables with the existing trolling motor console cable the splices were insulated with electrical tape, which does not constitute proper insulation in the marine environment.

The marine dealer denied the allegations and argued that fault for the accident rested with the boat mechanic. The marine dealer asserted that the accident could have been avoided if the boat mechanic had simply disconnected the 12-volt battery. Also, autopsy of the boat mechanic revealed a blood alcohol content of 0.13, and the marine dealer argued that the mechanic was intoxicated when he went to work on the boat.

The boat mechanic’s family denied the allegation of intoxication. Although genetic testing confirmed that the blood sample taken by the medical examiner belonged to the boat mechanic, several witnesses testified that he had not drunk any alcohol on the day of his death.

Before departing for the boat owners’ home, the boat mechanic had spent the day working in his employer’s shop. His co-workers testified that he did not drink alcohol while at work. The boat owner also testified that the mechanic did not drink any alcohol.

The boat mechanic’s employer testified that electrical tape was discovered in the bilge area of the boat and that it was possible that it had fallen off the splices.

The family’s attorneys moved to add a punitive damages claim, arguing that the use of electrical tape as a primary insulator constituted conduct that the marine dealer should have known would create a high degree of probability of injury.

Without admitting liability, the marine dealer agreed to settle the case for $2 million on September 16.

Boat Mechanic’s Family

v.

Confidential Marine Dealer

Confidential circuit court

Cause No.: Confidential

Type of action:                             0;       Wrongful death/product liability

Injuries alleged:               &# 160;                   Death

Settlement amount:                     0;       $2 million

Settlement date:                 ;                 Sept. 16, 2009

Attorneys for plaintiffs:                      James P. Lemonds

              &# 160;                                  0;            Andrea D. McNairy

              &# 160;                                  0;            Brown & Crouppen

              & #160;                 ;                
60;            720 Olive St., Suite 1800

                ;                
60;                & #160;           St. Louis, MO 63101

               0;                &# 160;                             314-421-0216

             
60;                & #160;                 ;             314-421-0359 (fax)

Attorneys for defendant:                      Confidential   

Plaintiff’s experts:               &# 160;               Confidential

Defendant’s experts:               &# 160;          Confidential