Havasu Lawsuit

[hd&boatrider]

Drowning victim's family sues over CO levels: Relatives say city, county failed to maintain safety and to warn boaters
By BRIAN WEDEMEYER
Sunday, August 1, 2004 12:18 AM MDT
The family of a Southern California man who drowned in the Bridgewater Channel after breathing dangerous levels of carbon monoxide has sued both Lake Havasu City and Mohave County.
A lawsuit filed in U.S. District Court seeks unspecified money damages for the family of Mark Tostado, who drowned over Memorial Day weekend in 2003. The Channel, which typically attracts hundreds of boaters and partygoers on busy summer weekends, has been identified as a potential health hazard due to carbon monoxide poisoning from boat exhaust.
A medical examiner listed carbon monoxide as a secondary cause of Tostado's death. His carbon monoxide level was measured at 47 percent - well above federal safety limits. Mark Jewett, the family's attorney, could not be reached for comment.
The lawsuit alleges that the city and county failed to maintain public safety and adequately warn boaters of a known danger. The city and county both rejected $2 million wrongful death claims by the family last winter. The lawsuit seeks unspecified damages.
The city, which was served July 26, forwarded the lawsuit to its insurance carrier for review. City Attorney Maureen George declined comment, citing pending litigation.
The family alleges that the defendants should have known that an excessive amount of boats in the Channel created a health hazard. It mentions a drowning in 2002 from carbon monoxide exposure and numerous non-fatal poisonings that are documented.
In addition, the family also claims the city and county also should have known that dangers would be worse because the Channel environment includes excessive alcohol use the presence of water.
The complaint also cites a 2002 preliminary study the National Institute for Occupational Safety and Health (NIOSH), which reported that city employees were exposed to high levels of carbon monoxide while working at the Channel. Prior to Memorial Day weekend in 2003, the city took some precautionary measures to reduce employee exposure. Work shifts were shortened and carbon monoxide monitors were handed out to the employees.
"These measures were taken years after the defendants were first made aware of the dangers of carbon monoxide poisoning at the Channel," the complaint stated.
Following a summer-long evaluation by a private consultant, the City Council took some action to reduce carbon monoxide exposure in the Channel prior to last Memorial Day weekend. Those measures included a public information program, an air quality monitoring and advisory system, and an ordinance prohibiting boats from idling in the Channel while beached.
The Channel was temporarily closed twice over Memorial Day weekend and once over Fourth of July weekend this summer after carbon monoxide levels became hazardous.
You may contact the reporter at bwedemeyer@havasunews.com

[bigkatboat]

So what you are saying is.... If I go face down, "drunk, stupid, and out of control", my family will collect a ton of money from the tax payers???? I had "no control" over where I was at, and I have "no control" over where I get drunk and PASS OUT! My family will just file a 'legal action' and CASH IN !!! WOW!!! It's great to know that I am not responsible for my own actions, and ANY ONE ELSE WHO HAS MONEY WILL PAY FOR MY MISTAKES!!! It is a tragic loss, and I pray it never happens again. BUT! WHEN WILL EACH PERSON BECOME RESPONSIBLE FOR HIS/HER OWN ACTIONS ??? "the boat made me flip (at 100MPH)," "the fumes made me dead", "the bartender just kept bringing me drinks". Please, any of you out there, STAND UP. I need to see you when I BLAME YOU for my mistakes! "I thought all of the lawyers liked the beach, why are they coming to the river??? Sorry to those of you who are responsible, and control yourselves. Please keep an eye on your friends in the channel, and they will keep an eye on you. (way angry at greedy people)

[Evo22]

I agree 100% so does this mean that we are gonna have to get our boats smog leagal so we can go to river and not emit any C02????

[nodigg]

I HATE when people need to blame someone else for their poor judgment, (or their family in this case)! Very sad that this happned to anyone but I doubt the two stroke,( read pwc) smog in the channel was the real reason he drank so much alchohol.
I say it is down right embarrasing to blame anyone to try to get money out of this!
Its like there are a bunch of liberals in the channel!

[Roxysnow]

Ban all PWC's from the channel.

[nodigg]

Originally posted by Roxysnow
Ban all PWC's from the channel.
I would say that I agree if it is for holidays only, that would solve the problem I think! ( I own one)

[SchellSchock]

Saw this on the morning news. It is his sister, (who looked liked she was an actress in a "B" rated movie), who is suing. Not to belittle someone's sorrow but PLEASE. He was hanging out between 2 boats that were idling.
Now they are trying to push legislation to require boat manufactures to move the exhaust from behind the boat ,(where are they thining it should be run into the cokpit), and too require not 1 but 2 stickers warning about CO2 on the transom of all boats, ( that will be real attractive).
What the F'''in Liberal Jerk Offs ought to legislate is a requirement that if you are a DUMBASS you can't get within 2 miles of a boat....or car......or anything with moving parts.

[Havasu_Dreamin]

This is total BS! And we as boaters need to be very vocal and active about this or something stupid will get legislated!