The Michigan Appeals Court recently affirmed the lower court’s grant of summary disposition to a defendant in a Michigan boating accident case. Specifically, the appeals court held that the plaintiffs failed to demonstrate a genuine dispute of material fact regarding defective design and failure to warn.The plaintiff was injured while pontoon boating in June 2013. Before the accident, her husband purchased a boat hoist and a canopy frame manufactured and sold by defendant NuCraft. He also purchased a vinyl canopy from the defendant. He testified that, at some point before the night of the accident, he spoke with NuCraft’s vice president about how to best install the canopy. He planned to use the hoist and the canopy assembly for a boat that he kept at his mother’s cottage on Lake Margrethe.
Last month, sailboat skipper Daniel O’Keefe reportedly sued another captain for allegedly injuring him in a major crash on Lake Michigan. The Ottawa County resident was injured during the Macatawa Bay Yacht Club’s S2 7.9 Class Championship Regatta in August 2014. Race records indicate that O’Keefe was operating a 26-foot boat called “Kaboom,” while the other captain’s similarly-sized boat was called “VOOM!”O’Keefe almost drowned after being slammed in the chest by the bow of the other boat. Unconscious, he was thrown into the water. O’Keefe broke several ribs and experienced heart failure and a heart contusion. He will require oxygen treatment for life, according to the lawsuit. The lawsuit seeks over $1 million in damages.