by Pa Rock
Citizen Journalist
This past Monday evening found me in Rogers, Arkansas, having dinner with friends. One of those ladies was a former resident (though briefly) of Branson, and at some point during our conversation I asked, rather snidely, if "Ride the Ducks" was offering discounts. She replied not only have the duck rides not been discounted, but they have been closed for "at least a year." The former Branson resident had herself ridden the Ducks, rides she said posed real traffic hazards during their land portions of the tours as they navigated Branson's curvy main thoroughfare. The lady said that the awnings over the boats, necessary to keep the summer sun off of the pampered tourists, were the deadly part of the ride, trapping people beneath the fabric as the heavy vehicle/vessels quickly sank. Lastly, my friend talked about the captain encouraging people not to mess with the life jackets - and noted that he survived. The boat's operator, on the other hand, went down with his ship.
She also said that the boat operators were aware of the approaching storm well before they went out onto Table Rock Lake that fateful afternoon.
On the drive home from Arkansas yesterday one of the news stories that I heard on the car radio was about the tragic incident with the Branson Duck that killed seventeen people, including nine individuals from one family, on July 19th. A lawyer representing the families of the victims has filed a $100 million lawsuit. That, of course, is just a starting figure and it will undoubtedly be argued downward, but the final total will certainly be in the millions - and the poor lawyers will have to make do with a measly one-third or so of the settlement - and they didn't even get their feet wet!
This morning Change.org is out with a petition to outlaw duck boats nationwide. The petition's preamble discusses the safety issues with duck boats noting that "a heavy, amphibious canopied vehicle is a recipe for disaster." The petition also addresses the fact that the boats and the rides are designed to appeal to children, and youngsters on vacation have been known to make demands on parents. The boats, according to the person who drafted the petition, resemble school buses with which the children are already familiar, and each child passenger - at least in Branson - is given a yellow "duck whistle" to enjoy during the excursion and after.
Long story short, if adventurous tourists have not already enjoyed the harrowing thrill of riding a duck boat, the opportunity may have passed. Branson's are closed for at least the next year and will likely face bankruptcy after all of the lawsuits are settled, and a movement to eliminate the rides nationwide has emerged. Those seeking to spice up their lives with death-defying acts may have to resort to hang-gliding, extreme bungee-jumping, and zip-lining - whatever the hell that is!
(Note: While much of the above is written in a tongue-in-cheek manner, this simple-minded blogger does offer the sincerest of condolences to the families who were devastated by the disaster in Branson. Your loss is beyond comprehension.)
Citizen Journalist
This past Monday evening found me in Rogers, Arkansas, having dinner with friends. One of those ladies was a former resident (though briefly) of Branson, and at some point during our conversation I asked, rather snidely, if "Ride the Ducks" was offering discounts. She replied not only have the duck rides not been discounted, but they have been closed for "at least a year." The former Branson resident had herself ridden the Ducks, rides she said posed real traffic hazards during their land portions of the tours as they navigated Branson's curvy main thoroughfare. The lady said that the awnings over the boats, necessary to keep the summer sun off of the pampered tourists, were the deadly part of the ride, trapping people beneath the fabric as the heavy vehicle/vessels quickly sank. Lastly, my friend talked about the captain encouraging people not to mess with the life jackets - and noted that he survived. The boat's operator, on the other hand, went down with his ship.
She also said that the boat operators were aware of the approaching storm well before they went out onto Table Rock Lake that fateful afternoon.
On the drive home from Arkansas yesterday one of the news stories that I heard on the car radio was about the tragic incident with the Branson Duck that killed seventeen people, including nine individuals from one family, on July 19th. A lawyer representing the families of the victims has filed a $100 million lawsuit. That, of course, is just a starting figure and it will undoubtedly be argued downward, but the final total will certainly be in the millions - and the poor lawyers will have to make do with a measly one-third or so of the settlement - and they didn't even get their feet wet!
This morning Change.org is out with a petition to outlaw duck boats nationwide. The petition's preamble discusses the safety issues with duck boats noting that "a heavy, amphibious canopied vehicle is a recipe for disaster." The petition also addresses the fact that the boats and the rides are designed to appeal to children, and youngsters on vacation have been known to make demands on parents. The boats, according to the person who drafted the petition, resemble school buses with which the children are already familiar, and each child passenger - at least in Branson - is given a yellow "duck whistle" to enjoy during the excursion and after.
Long story short, if adventurous tourists have not already enjoyed the harrowing thrill of riding a duck boat, the opportunity may have passed. Branson's are closed for at least the next year and will likely face bankruptcy after all of the lawsuits are settled, and a movement to eliminate the rides nationwide has emerged. Those seeking to spice up their lives with death-defying acts may have to resort to hang-gliding, extreme bungee-jumping, and zip-lining - whatever the hell that is!
(Note: While much of the above is written in a tongue-in-cheek manner, this simple-minded blogger does offer the sincerest of condolences to the families who were devastated by the disaster in Branson. Your loss is beyond comprehension.)
1 comment:
Yes $100 Million dollars is a large number and a jury of six to twelve reasonable persons (Rule 48 FRCP) could find it is an appropriate verdict. Appropriate because one of the purposes of the Law of Tort is to make a punishing example of the tortfeasor. That way the next numbskull who wants to risk the lives and limbs of the public for a few dollars will be deterred from so doing the bad thing. Tort Law, like Criminal Law is intended to be punitive. Contract Law and Property Law on the other hand are more compensatory giving the aggrieved the benefit of their bargain and enforcing their rights.
At the end of the trial phase and after the verdict has been issued the defendant will argue for a reduction in the amount of the jury verdict. That is called a motion for remittitur. When the plaintiff believes the verdict is not sufficient they may file a motion for the judge to beef it up with a motion for additur. I do not recall a case where a motion for additur has been successful, but I would advise counsel to file such a motion on behalf of their client especially when the defense has filed for remittitur. I think that gives the judge an opportunity to reduce the verdict by a smaller amount.
Often the pleas for remittitur are accompanied by arguments that the verdict will drive the business out of operation. It is my belief that Capitalism without Bankruptcy would be like Christianity without Hell. Just as some sinners deserve all the everlasting heat they deserve so also some corporations deserve to be dismantled and their assets sold.
Additur and Remittitur are governed by Rule 59 of the Federal Rules of Civil Procedure (FRCP0.
Post a Comment