Boat maker, driver found responsible in 2006 Lake Oroville accident

So, a guy puts more people in a boat than it's rated for....asks over half of them to pile up front so the boat would plane out to get his wakeboarder up to speed & the carnage that resulted is 80% Mastercraft's fault. I don't get it....kind of explains why boats cost so much!

CHICO — A Butte County Superior Court jury has found that a boat maker is primarily at fault for a 2006 accident on Lake Oroville that seriously injured two women.

After nearly two and a half days of deliberation, the jury ruled that Niki Bell should be awarded $30.9 million in damages for the accident that caused multiple skull fractures, brain damage and loss of her left eye. The jury found that co-plaintiff Bethany Mercer, formerly Wallenburg, should be awarded $530,688 for injuries on her arm, leg and back.

The panel voted 11-1 that MasterCraft Boat Co. was 80 percent at fault for the July 9, 2006 incident while Jerry Montz, the driver of the MasterCraft X-45 wakeboarding boat, was responsible for 20 percent.

The verdict was stayed for 60 days, allowing attorneys to file additional motions in the case.

Bell's attorney, Roger Dreyer, hailed the verdict after the 49-day trial. He said the Bell family had pursued the case over five years because they didn't want what happened to Niki Bell to happen to anyone else.

"Twelve people in Butte County just told a major manufacturer to do their job," Dreyer said.

Throughout the case, Dreyer argued the 24-foot-long boat was defective in ways that couldn't have been foreseen by Montz. Deficiencies include ladder holes in the hull that may have let water in the boat's shell and a hull design that may have made it easier to swamp.

Dreyer had also argued MasterCraft had not performed adequate testing or design of the craft prior to the accident.

The accident occurred after a wakeboarding run where many passengers had moved to the forward bow portion of the boat to create better wakeboarding conditions. Montz had reportedly slowed the boat and then turned around to recover the wakeboarder when the craft began taking on water in the bow. Bell and Mercer, who were sitting in the bow, were swept off the boat and struck by the in-board propeller.

The jury ultimately agreed with Dreyer's arguments. The panel voted 10-2 that MasterCraft should have reasonably foreseen how the X-45 was going to be used. The jury also ruled 11-1 that the X-45's design was a substantial factor in the accident and that the boat's design defects outweighed benefits.

For Montz, the jury was unanimous ruling that the driver was negligent and that his actions were a substantial factor in the accident. In civil cases, at least nine members of the 12-person jury must agree for a verdict.

After the verdict was read, the plaintiffs and their families gathered outside of the Chico courthouse. Bell's father, Robert, said the whole process had been to help provide care for his daughter.

"A lot of people poured their heart into this case," Bob Bell said.

Mother Cindy Bell said they felt blessed, thanks to the legal team and the support from the community, who had previously put on three fundraisers for Niki's care.

Mercer said that the verdict was a relief. Mercer's attorney, Robert Bale, said the verdict showed that people here want manufacturers to think about more than profits.

"It's not just about building a party boat, it's about building a safe boat," Bale said.

Montz's attorney, Jerry Duncan, said his client was thankful for everybody's efforts in the case. "Jerry Montz is satisfied with the allocation of fault made by the jury," Duncan said.

Duncan noted all of the passengers on the boat claimed Montz did not do anything wrong leading up to the accident. He also echoed Dreyer's assertion the driver was unaware of the X-45's issues.

Thomas Nielsen, representing MasterCraft, said he was disappointed in the outcome. He said he still strongly felt the boat's design had nothing to do with the accident.

During his closing argument, Nielsen said that MasterCraft couldn't have foreseen how Montz used the X-45 and claimed that the driver should bear much of the responsibility.

He said there was a chain of events by the boat's participants that led to the accident.

Actions included overloading the boat with 20 passengers and shifting passengers to the forward bow portion to shift the boat's balance.

Nielsen did note it was a difficult case because of the nature of the injuries.

He also praised Niki Bell as a remarkable woman and noted her tremendous recovery.