In a surprising development in the annals of products liability law, an Austin federal jury yesterday found a boat manufacturer partially liable for a 2005 incident on Lake Austin in which a teen’s leg was severed by a boat propeller. Jurors ordered the company to pay $3.8 million in medical expenses and damages.
After deliberating for about seven hours, jurors found that the Brunswick Corp. shared more than half of the blame for the accident that severely injured Jacob Brochtrup, who was then 18. Brochtrup had been celebrating the July Fourth weekend wakeboarding with three friends when the accident happened. Brochtrup had just finished his turn on the wakeboard when a tow rope popped off the back of the Sea Ray ski boat. Brochtrup jumped out of the boat to grab the line. Unaware that Brochtrup was in the water behind him, 18-year-old driver Patrick Houston put the boat in reverse. The propeller caught the top of Brochtrup’s right leg and twisted it around, chopping deep into flesh, muscle and bone. The suit said that the wound to Brochtrup’s leg was so large that he had lost most of his blood and that it caused his heart to stop. He had been in cardiac arrest for at least 45 minutes, and a STAR Flight helicopter delivered him to the emergency room clinically dead. Some doctors called him a “one-in-a-million survivor.”
According to the suit, the manufacturer of the boat and motor did not have safety devices, including guards or covers, to prevent Brochtrup from becoming entangled or stuck. The jury agreed. Brunswick has not yet announced if it will appeal.
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We will cover this and other important developments of the year at our full day, fully accredited 15th Annual Ultimate Claims Handling Seminar on October 1, 2010 at CityPlace Conference Center in Dallas, Texas. Mark your calendars now and save the date. Registration will open in August.
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