Boat maker not liable in fatal boat explosion

A Missouri jury determined that a boat explosion that left one man dead and two others injured was not due to negligence on the part of the watercraft manufacturer.

According to the petition in the case, the 33-foot Sea Ray model 340DA was being untied from a Lake of the Ozarks marina dock after refueling when it went up in a “massive fireball” that “could be seen for miles.” Shawn E. Carroll and two other individuals, Lauren Wilken and Benjamin Dodd, were ejected from the burning boat. Carroll’s body was later found in the wreckage of the engine compartment.

Surviving heirs filed suit in the wake of the 2020 accident, blaming a build-up of fuel vapor in the bilge for the tragedy. They alleged that similar incidents had occurred in Florida in 2009 and 2018 aboard Sea Ray craft.

“Defendants risked the lives of consumers and users of the Sea Ray, including the Plaintiffs, with knowledge of the safety problems associated with the Sea Ray, and suppressed this knowledge from the general public,” the suit alleged.

Wilken and Dodd later joined the litigation for injuries suffered in the incident.

“Plaintiffs alleged the boat was defectively designed and failed to warn consumers of the dangers,” Casey Housley of Sanders Warren & Russell said in a written submission. “Defendants argued the explosion was caused by the boat operator’s negligence.”

Jurors issued a defense verdict in favor of Brunswick Corporation, Sea Ray Boats and Brunswick Boat Group. According to the defense’s submission, the plaintiff’s pretrial demands ranged from $26 million to $15 million.

“We believed in our case,” said Richard Voytas of Voytas Law in St. Louis, who represented Dodd. “We believed that the Sea Ray boat was defective, but we respect the jury’s decision and look forward to trying to help my client get closure.”

Attorneys at Bailey Cowan and Heckman in Houston, Texas, which represented the other plaintiffs, did not return a request for comment.

According to court documents, Cowan filed a notice of appeal to the 8^th U.S. Circuit Court of Appeals in early March, while Voytas filed a notice of settlement for Dodd.

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Defense verdict

Product liability

Venue: U.S. District Court for the Western District of Missouri

Case Number/Date: 2:21-cv-4136/Feb. 7, 2024

Judge: Brian Wimes

Plaintiffs’ Experts: Richard Dyer, Kansas City (fire); Michael Hunter (product liability); Richard Hepburn (product liability)

Defendants’ Experts: Dennis Kerr, Florida (fire); Jim Cote, Florida (product liability); Tom Marhevko, Michigan (product liability)

Last Pretrial Demand: $15 million

Last Pretrial Offer: $2.15 million

Caption: Karen Carroll, Honor Carroll, Trace Carroll; Ben Dodd; Lauren Wilken v. Brunswick Boat Group; Sea Ray Boats; Brunswick Corporation

Plaintiffs’ Attorneys: Robert Cowan and Aaron Heckaman, Bailey Cowan and Heckaman, Houston, Texas (for the Carrolls and Wilken); Rick Voytas, Voytas Law, St. Louis (for Dodd)

Defendants’ Attorneys: Casey Housley, Jenifer Svancara and Ashley Garrett, Sanders Warren & Russell, Kansas City