MO - Duck boat carrying 31 tourists capsizes, killing 17, near Branson, July 2018

Discussion in 'Up to the Minute' started by gregjrichards, Jul 19, 2018.

  1. jggordo

    jggordo Well-Known Member

    Messages:
    2,249
    Likes Received:
    3,066
    Trophy Points:
    113
    Man who tried to save passengers of sunken duck boat says he's suffered, files suit Man who tried to save passengers of sunken duck boat says he's suffered, files suit

    A man who jumped into Table Rock Lake to help passengers after a tour boat sank says he has suffered physically and emotionally and is suing the owner and captain of the Ride the Ducks vessel.

    The suit is against Ripley Entertainment, Ride the Ducks International and Kenneth Scott McKee, who was captaining the duck boat that night. Harris is represented by attorney Jeff Bauer and the Strong, Garner, Bauer law firm in Springfield.

    Man who tried to save passengers of sunken duck boat says he's suffered, files suit
     
    gregjrichards, CARIIS and neesaki like this.
  2. JerseyGirl

    JerseyGirl Staff Member Staff Member Forum Coordinators

    Messages:
    31,765
    Likes Received:
    37,397
    Trophy Points:
    113
  3. dancinunderthemoon

    dancinunderthemoon Well-Known Member

    Messages:
    2,738
    Likes Received:
    2,519
    Trophy Points:
    113
    CARIIS likes this.
  4. dancinunderthemoon

    dancinunderthemoon Well-Known Member

    Messages:
    2,738
    Likes Received:
    2,519
    Trophy Points:
    113
    Seriously probably has ptsd, knowing who to pick and who to leave or whatever he witnessed, I'd be forever distressed
     
  5. mickey2942

    mickey2942 Well-Known Member

    Messages:
    3,139
    Likes Received:
    26,206
    Trophy Points:
    113
    gregjrichards, jggordo and GarAndTeed like this.
  6. gregjrichards

    gregjrichards Well-Known Member

    Messages:
    9,516
    Likes Received:
    34,491
    Trophy Points:
    113
    jggordo and killarney rose like this.
  7. jggordo

    jggordo Well-Known Member

    Messages:
    2,249
    Likes Received:
    3,066
    Trophy Points:
    113
    At least we can see they have a sense of humor. That lake does not constitute a "sea" or an ocean.
     
    gregjrichards, mickey2942 and SuziQ like this.
  8. gregjrichards

    gregjrichards Well-Known Member

    Messages:
    9,516
    Likes Received:
    34,491
    Trophy Points:
    113
    Can any websleuths legal people weigh in on this if possible please? I would be really interested to hear your feelings about this.
     
    jggordo likes this.
  9. AzPistonsGirl

    AzPistonsGirl Detroit to the Bone

    Messages:
    5,050
    Likes Received:
    8,310
    Trophy Points:
    113
    well, I'm a longtime paralegal, and that what's happens. You find case law that works in your favor and the other side does all it can to poke holes and find other case law that seemingly disputes or refutes the former. Then a judge ultimately decides. But yes, we see antiquated laws (maybe not quite this old) used often.

    These cases will settle though. And that old law may help the parties get there.

    (I tried my best to keep any emotion out of this, but wanted to add "sadly" at several points in this little reply.)
     
  10. mickey2942

    mickey2942 Well-Known Member

    Messages:
    3,139
    Likes Received:
    26,206
    Trophy Points:
    113
    I think it is the usual legal Chutzpah, attorneys find and say the most outrageous things, trying to bully the claimants into settlement, by stating some arcane obscure legal technicality.

    Normally, I find this type of chicanery, amusing. The blustering, buffoonery can be intimidating to some, that is the goal. We are supposed to be in awe of legal "greatness", the wily legalese.

    In this situation, it is actually quite appalling.
     
    gregjrichards and jggordo like this.
  11. jggordo

    jggordo Well-Known Member

    Messages:
    2,249
    Likes Received:
    3,066
    Trophy Points:
    113
    Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties.[1]
    Shipowners owe a duty of reasonable care to passengers. Consequently, passengers who are injured aboard ships may bring suit as if they had been injured ashore through the negligence of a third party. The passenger bears the burden of proving that the shipowner was negligent. While personal injury cases must generally be pursued within three years, suits against cruise lines may need to be brought within one year because of limitations contained in the passenger ticket. Notice requirements in the ticket may require a formal notice to be brought within six months of the injury. Most U.S. cruise line passenger tickets also have provisions requiring that suit to be brought in either Miami or Seattle.

    Admiralty law - Wikipedia
     
    flute4peace and gregjrichards like this.
  12. jggordo

    jggordo Well-Known Member

    Messages:
    2,249
    Likes Received:
    3,066
    Trophy Points:
    113
    Report: Doomed duck boat refitted with weaker pumps

    The Kansas City Star reports that the original Higgins pump, which is capable of removing as much as 250 gallons of water per minute from the bottom of a boat, was replaced with two less powerful electric pumps in the boat that sank in July at Table Rock Lake near Branson, which is about 10 miles north of the Arkansas state line.

    One pumping system was for normal operations as the boats transported troops and equipment from ship to shore, while the Higgins was to keep the boats afloat in difficult conditions such as wind speeds of more than 15 mph or wave height of more than 3 feet. After the war, as the boats were converted for tourism, the Higgins pump was sometimes removed from duck boats so the vessels could be lengthened, or "stretched," to accommodate more passengers.

    Report: Doomed duck boat refitted with weaker pumps
     
    gregjrichards and Jax49 like this.
  13. jggordo

    jggordo Well-Known Member

    Messages:
    2,249
    Likes Received:
    3,066
    Trophy Points:
    113
    Captain in fatal duck boat accident charged with misconduct, negligence, more

    SPRINGFIELD - The man at the helm of a duck boat that sank on Table Rock Lake during a sudden storm has been indicted on multiple counts by a federal grand jury. Seventeen people died in the July 19 tragedy.

    Kenneth Scott McKee was charged in a 17-count indictment.
     
  14. jggordo

    jggordo Well-Known Member

    Messages:
    2,249
    Likes Received:
    3,066
    Trophy Points:
    113
    More people indicted in deadly duck boat sinking

    Curtis P. Lanham, 36, of Galena, Missouri, and Charles V. Baltzell, 76, of Kirbyville, Missouri, were charged in a 47-count superseding indictment on June 13, according to a press release from the federal prosecutor's office.

    Both Lanham and Baltzell were employees of Ripley Entertainment, Inc., which owned the "Ride the Ducks" company.

    Also named in the new indictment is the captain of the duck boat, Kenneth Scott McKee, 51, of Verona, Missouri. He had previously been charged but the new action replaces the original indictment.

    The June document that includes Lanham and Baltzell as parties keep the original charges against McKee, which were misconduct and negligence by a vessel captain, resulting in the death of another person.

    Baltzell is charged with the same crimes as an aider and abettor of misconduct and neglect by a vessel captain, one count for each of the 16 passengers and another for a crew member who died in the accident.

    Lanham is facing 17 counts of misconduct and 17 counts of neglect by an executive officer of the corporate charterer/owner. The case against Lanham also alleges he aided and abetted McKee’s misconduct, negligence and inattention to duty.

    More people indicted in deadly duck boat sinking
     
    Jax49 and Gardenista like this.
  15. mickey2942

    mickey2942 Well-Known Member

    Messages:
    3,139
    Likes Received:
    26,206
    Trophy Points:
    113
    jggordo likes this.
  16. PrairieWind

    PrairieWind Verified Attorney

    Messages:
    3,152
    Likes Received:
    11,928
    Trophy Points:
    113
    I don't think the boats are really that dangerous. They are in use all over the place and there really are not that many accidents. They are slow, so they absolutely should not be out in shipping lanes. And they sit low in the water, so they should never be out with passengers with the threat of bad weather. I think they accidents we have seen are almost entirely the result of terrible decisions by the operators. The federal charges brought in the Missouri case are meant to send a message to owners/operators that they will be held responsible for poor decisions. The Seattle crash shows that many of these boats have perhaps reached their retirement age. It maybe is time that many of the boats be retired.
     
    Betty P and jggordo like this.

Share This Page



  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice