Facts

On May 28, 2003, 11-year-old decedent Anthony Farr was on a wakeboarding outing on Lake Folsom in Sacramento with a friend, his father plaintiff Michael Farr, several of Michael Farr's friends, and Sean McKune, a family friend and owner of a 1997 Calabria ski boat.

Following the wakeboarding, the group was returning to the dock area. Anthony Farr asked to go "teak dragging" with his friend. Teak dragging is holding onto to the swim platform behind the boat while being dragged at a slow speed. This group had engaged in teak dragging on hundreds of prior occasions.

Unknown to the occupants of the boat, there are extremely high levels of carbon monoxide at the rear of the boat. As he was teak dragging, Anthony was overcome by carbon monoxide and disappeared under the water. An autopsy showed that he drowned as a result of very high levels of carbon monoxide in his system.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the ski boat was defectively designed for failing to have a catalytic converter that would have virtually eliminated the risk of carbon monoxide poisoning in this very foreseeable use of the boat.

The plaintiff also contended that the boat was defectively designed for failing to have warnings on the boat of the dangers of carbon monoxide poisoning. Users of boats in open-air environment are not aware of the carbon monoxide dangers associated with ski boats. In the prior eight years, there had been over 16 deaths behind ski boats from carbon monoxide poisoning, yet this ski boat contained no warnings other than generic warnings in the operator's manual.

DEFENDANT'S CONTENTIONS:
The defendant contended that the accident was all the responsibility of the adult occupants in the boat for allowing Anthony to be at the rear of the boat without a personal flotation device and dragging near the propeller. Further, the exhaust vents were obvious and a reasonable adult would not need a warning to know that placing a child near the exhaust vents would put him at risk of carbon monoxide poisoning.

Result

$850,000 to Michael Farr, as well as $450,000 to Anthony Farr's mother.

Other Information

According to defendant, the defendant's insurer paid the limits of its $1 million policy. The rest of the settlement was paid by the insurer of the boat owner and operator, which paid the limits of its $300,000 policy.