From the Citizen today
Powerboat lawsuit settled
BY ADAM LINHARDT Citizen Staff
alinhardt@keysnews.com
A wrongful death lawsuit filed by the widow of a man killed during the 2011 Key West World Championship powerboat races was settled Tuesday as the trial was under way, said an attorney representing the widow.
The estate of Page Motorsports throttleman Joey Gratton, 59, settled its civil lawsuit against Super Boat International (SBI) and its president, Key West resident John Carbonell, among others, said attorney Michael Allweiss of St. Petersburg. Allweiss represents Gratton's widow, Priscilla.
The terms of the settlement were not disclosed, but under the agreement SBI assumes no admission of liability which is typical for such resolutions, Allweiss said.
Gratton's lawsuit alleged that race organizers used rescue personnel unfamiliar with the cockpits and emergency hatches on the boats. SBI previously argued the lawsuit should be dropped based on waivers signed by racers who participate.
"Winning this case to us means that we proved this was a simple accident, it should have been a simple rescue and had they used trained, professional rescuers Joey Gratton would be alive today," Allweiss said. "Speaking with jurors after the case, they saw that clearly and agreed with that. I believe we would have gotten a very strong verdict based on our conversation with them (jurors)."
The jury trial began last week at the Broward County state courthouse in Fort Lauderdale and was expected to last at least two weeks.
Gratton drowned during a deadly week of racing during the 2011 championships. The twin-engine, 38-foot Douglas Marine Skater catamaran he was driving overturned on the first turn in the final lap of the second race on the 6.1-mile course, trapping Gratton in a rescue harness that was secured to the boat.
Steve Page, the boat's owner and driver, escaped major injury. He gave emotional testimony last week that he was pleading with rescuers to cut Gratton out of his harness after the crash, Allweiss said.
His testimony, among others for the Gratton side, presented an "avalanche of evidence," Allweiss said.
"We made a demand and within a couple of hours they accepted the demand without any negotiation or haggling," Allweiss said. "Short of a jury verdict, I don't know how else you define victory."
William Milliken of Coral Gables is the lawyer representing SBI. He confirmed the settlement was reached, but declined to comment further.
Gratton was one of three men to die in the 2011 powerboat races in Key West.
Throttleman and owner Robert "Bob" Morgan, 74, of Sunrise Beach, Mo., and driver Jeffrey "J.T." Tillman, 47, of Kaiser, Mo., were killed when their four-engine, 46-foot catamaran called Big Thunder caught air and flipped over on its third lap in Key West Harbor.
William Tillman, a relative of Tillman, filed a lawsuit against SBI in November 2013. That lawsuit also accuses race organizers of using untrained rescue personnel.
That case remains pending, also in Broward County.
No criminal charges have been filed in either incident. The deaths of all three men were ruled accidental by medical examiners.
alinhardt@keynews.com