Erie Yacht Club, boat owners sued over fatal explosion

Posted in the Erie Forum

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1 - 20 of 81 Comments Last updated Nov 20, 2012
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Since: Aug 12

Location hidden

#1 Sep 27, 2012
They need to include the former owner of the boat who winterized it himself, without a clue of what he was doing.

Rumor on the street is that he is trying to receive a huge settlement in the death of his daughter, which also was an accident.

So I guess wha goes around comes around, man Karma is a bitch!

Hertel and Brown need to go after the former owner as this will become a big money law suit, and it was not their fault.
Truth

Erie, PA

#2 Sep 27, 2012
They sued the EYC because they have the best Insurance policy, not because they did anything wrong.

The truth is Aaron Hertel is a retard with zero power boat experience. He's the one that kept cranking the engine over without pulling the hatches and inspecting the bilge. He's the one that didn't have the boat documented before he bought it.

He's a good guy, but this is squarely his fault.
Truth

Erie, PA

#3 Sep 27, 2012
..though with that said, the former owner Jim Cummings really is a sleaze.

Since: Aug 12

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#4 Sep 27, 2012
As it was told to me, they bought the boat winterized. They started it up and went from dock to pump.

Heard from an Insurance guy that it wasnt put away properly.

Someone told me that he makes his money on law suits.Is that why you call him a sleaze?
Truth

Erie, PA

#5 Sep 27, 2012
They did buy it winterized, but they had it out several times in the days before the accident. Boats are stored with the gas tanks full as gasoline isn't explosive, the vapors are. Full tanks = less vapor.

It was the first time he was refueling the vessel, and clearly Aaron didn't have a clue what he was doing. SOP is to pull a hatch and inspect the bilge before attempting to restart after refueling. He failed to do this.

Jim is just a terrible person in general. I'm not going to elaborate why but I've dealt with him first hand and he is a complete weasel.

The EYC was not at fault. The lawsuit faults the club for not getting everyone off the boat during refueling, but do gas stations get everyone out of cars when they're being refueled? No.

Ryan Carlyle is an opportunistic shit-bag and is going after his friends and the club to get a payday for himself.

Hertel is at fault. Maybe Jim is too, but I notice they left him out of the suit. Probably because he's broke as a joke.
Mcgruff

Townville, PA

#6 Sep 27, 2012
Which k i ke lawyer filed the suit?
Carlyle should have been smart enough to get his wife and kid off the boat before fueling.
That's right, he is to blame. But some dirtbag like Edgar will claim otherwise. They feel someone is always to blame, no one is responsible for their own stupidity. Just like the family that received a settlement when their drunk son overloaded an elevator and was killed when the dumb ass tried to get out. Clearly the college should have had someone near the elevator to protect people from their own stupidity.
Roger

Erie, PA

#7 Sep 27, 2012
Totally agree with you. Ryan is a complete puke.

Since: Aug 12

Location hidden

#8 Sep 27, 2012
Well it is a shame that people lost their lives in that accident ....

And yes is time people stop blaming others for their stupdity.

Just as if you were riding in my car and refused to wear a seat belt. If we got into an accident and you went out the window and died, I wouldnt expect your family to sue me for your lack of concern for your persoal safety or should I ?

Since: Aug 12

Location hidden

#9 Sep 27, 2012
The city of Erie's chief fire inspector ruled the blast an accident, and the suit claims a faulty fueling system on the boat contributed to the explosion.

That right there would be enough to drag him in on the suit. I would love to see the transfer paperwork.

Hertel and Brown need to add him to the suit so it falls back on the real cause of the problem. Failure to keep you boat in good shape. They bought that boat in good faith thinking it was serviced properly. Maybe they should sue the manufacturer for faulty ventilation? Come on now, we need to blame someone.
Truth

Erie, PA

#10 Sep 27, 2012
Wellcraft actually put out a TSB about this exact problem. Naturally Jimbo ignored it and never had the issue fixed. Wellcraft dealers would have fixed it for free.

Since: Aug 12

Location hidden

#11 Sep 27, 2012
I heard he was cheap, maybe that is why he didnt have it done. He might have had to spend a buck.

Sad someone had to die for something that should have been easily fixed.

He will probably try to sue Wellcraft now!
Lifetime Boater

Findlay, OH

#12 Sep 28, 2012
Should the operator have lifted the cockpit covers?

Yes.

Does everyone do it?

Absolutely not. In reality, only about 1% do not- and that includes myself.

This is a manufacturer defect and has nothing to do with winterization or the former owner. The only way to inspect for this condition is to literally tear half the boat apart. Perhaps Wellcraft could be sued, but given the boat's age, that may take too much time & money to prove.

The lawsuit is nothing more than a formality for the insurance companies. This is only the start.
Lifetime Boater

Findlay, OH

#13 Sep 28, 2012
Let me clarify- only 1% actually lift the bilge covers.

Since: Aug 12

Location hidden

#14 Sep 28, 2012
Hindsight is a wonderful thing isnt it Lifetime?.

They all need to be held responsible
Lifetime Boater

Findlay, OH

#15 Sep 28, 2012
Reformed Thug wrote:
Hindsight is a wonderful thing isnt it Lifetime?.
They all need to be held responsible
For me, someone being "held responsible" is the ability to hold a person's action accountable.

I cannot put blame on 1 person's action in this tragedy. It was the perfect storm of small failures that caused an accident.

Boat explosions due to gasoline funes are VERY uncommon.
Foxxy

Erie, PA

#16 Sep 28, 2012
Lifetime Boater wrote:
...
In reality, only about 1% do not- and that includes myself.
...
Could you cite your sources or any research that you used to arrive at this 1% figure?

I always pull my covers after fueling and literally stick my face in the engine room to check for vapors and spilled fuel.
Lifetime Boater

Erie, PA

#18 Sep 28, 2012
Foxxy wrote:
<quoted text>
Could you cite your sources or any research that you used to arrive at this 1% figure?
The source is myself.

I help out the marina gas dock where my boat is docked.

Not even a handful of boaters would ever pull up the bilge covers- until after the accident. Now more are being proactive to prevent another accident.

It unfortunately took this tragedy for many, including myself, to stop taking the blowers for granted.

Since: Aug 12

Location hidden

#19 Sep 28, 2012
EatshirtnDie wrote:
Does Carlyle still work for Hertel and Brown? If so, I found it intresting he would sue his current employer while still being employed!
Yep he does, its nothing personal, its just Insurance

Since: Aug 12

Location hidden

#20 Sep 28, 2012
Truth wrote:
..though with that said, the former owner Jim Cummings really is a sleaze.
What have you heard about his old lady? Heard she give you a throw if you had big money?
desmond morris

Clyde, OH

#21 Sep 29, 2012
Erie antics. Scumbag versus dirtbag represented by douchebag.

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