John Mc Garrigle v. Mercury Marine Propeller Case Settled
McGarrigle v. Mercury Marine was settled today, August 28, 2012. Earlier today Judge Noel Hillman of the United States District Court for the State of New Jersey signed the “Stipulation of Dismissal and Order” in which the parties voluntarily dismissed the case with prejudice against all defendants, meaning the case was settled.
In John and Barbara McGarrigle v. Mercury Marine in the United States District Court, D. New Jersey, John McGarrigle fell from a small outboard powered boat in choppy water in July 2007. The boat went into the “Circle of Death”, McGarrible tried to grab it to reboard, and was struck by the propeller.
We covered the McGarrigle case in several earlier posts:
- McGarrigle v. Mercury Marine Propeller Case / Lanyard Kill Switch Case
- Kenneth W. Fisher Will be Allowed to Testify for Plaintiffs in McGarrigle v. Mercury Marine
- Mercury Marine Tells Court the McGarrigle Accident is the First One Involving Mercury Tiller Steered Outboards
- Propeller Accidents Similar to the McGarrigle Accident: Mercury Said There Were None – Our Findings Indicate Otherwise
Mercury claimed this was the first accident of this type to ever involve one of their small tiller steered outboards. Our compilation of similar accidents in the last post above may have been at least partially influential in their decision to settle.
Congratulations to Ronald Graziano of Graziano & Flynn of Cherry Hill, New Jersey, attorney for the plaintiffs, the McGarrigles.
Kevin McKeon of Marshall, Dennehey, Warner, Coleman, & Gogggin, also of Cherry Hill, New Jersy, was the lead attorney for the defendant, Mercury Marine.
Brunswick Corporation (Mercury Marine and Lund Company) also settled in Laass vs. Storm Lake back on June 12, 2012.
The industry similarly claimed that to be a very rare accident (outboard motor struck dredge pipe, flipped up into the boat, and the propeller struck and killed a young boy). We similarly posted a list of accidents in which outboard powered boats had struck an object, the outboard flew into the boat, and the propeller struck someone. We also posted a list of stern drive and outboard powered boats striking dredge pipes.