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10/4/2011
Brian Beckcom
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Boat manufacturer sued for not posting warnings on maximum occupant capacity

The family of two drowning victims during a San Diego Bay boating outing for special needs' persons has filed lawsuits against multiple parties.

10 persons were on the boat when it capsized on Mar. 27, 2011. Everyone was thrown into the 55-degree water.  Xingchao Chen, 73, and his son, Jun Chen, 44, both of Rancho Peñasquitos, Ca., drowned.

The nonprofit Heart of Sailing Foundation, which takes special needs' persons on sailing trips, sponsored the excursion.

One of the defendants, boat manufacturer MacGregor Yacht Corp., is named for not posting warnings limiting the number of occupants allowed on board. The company's Roger MacGregor claims the accident was caused by the water ballast tank not being properly filled. He also says there is no government requirement to post capacity limits on sailboats greater than 20 feet.

The attorney for the victims counters that the boat's unique ballast tank configuration on the bottom causes the boat to handle differently from other boats and the number of occupants should be limited.

A police investigator said too many persons were aboard, there were not enough life jackets, the boat is in poor condition and the weight was not evenly distributed.

Other defendants are the Heart of Sailing Foundation and George Saidah, the boat's captain.

Source: Sign on San Diego.com



Category: General



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