COURT CASE WON BY RACE FOR THE KIDS FOUNDATION

[bill van steenwyk]

Congrats to RFTK Foundation which sponsored several UIM races in Lake Aldred, Fl. Their entry, boat and motor, was used to win the 175CC Hydro World Championship at Lake Alfred in 2014. Due to the non-return of the boat at the conclusion of the race, they have successfully sued in Cook County, Ill. court and were awarded a court order for the return of the Trombetta hydro, a VRP 175 motor, and 125CC motor which was not returned,and associated equipment that was purchased in 2014 to promote the Race For The Kids Foundation.

Possession of the boat and associated equipment was taken back by RFTK last Saturday, 3-11-17, but without the 125CC engine also owned by RFTK and which was purchased at the same time the whereabouts of which are unknown.

If the reader is further interested you may view the court record, case number 16M405864, by accessing the Cook County Circuit Court records on their web site where more specific info/details are available.

[Dr. Thunder]

What was legal name of the plaintiff?

[14J]

What was legal name of the plaintiff?

https://courtlink.lexisnexis.com/coo...G0ME0AAFIGJ0SD

[DeanFHobart]

Why would anyone take boat racing equipment that does not belong to them? Especially from a charitable organization.

[DeanFHobart]

What was legal name of the plaintiff?

I think we really need to know why the defendant did what he did.

[bill van steenwyk]

I think we really need to know why the defendant did what he did.

So would RFTK, but the reasons he gave in court were not considered, as very simply he did not own any part of the equipment AT ANY TIME, either before or after the race, and that was the main part of his defense for reasons the Judge found not important to the case.. The Judge stated that they, the plaintiffs, "had established superior right to possession of the boat and associated parts since invoices dated June 24, 2014" the date that the plaintiffs purchased the equipment. In other words he never owned any part of the boat, motor and associated equipment and COULD NOT prove ownership OR ANY INTEREST IN THE EQUIPMENT. A really dirty trick to pull on RFTK, the person who purchased the equipment, and then chose him to drive it at Lake Alfred and then RFTK spent two years and many dollars to get it back.

To the best of my knowledge, in conversations with officials for RFTK, they do not know the reasons either.

You would have to ask him for whatever reasons he had for doing what he did, but remember one thing, a court of law did not agree with him, no matter what they were. To take possession of something and keep it for two years, NO MATTER THE REASONS, you have to prove ownership, and he could not do that, nor any other reason for keeping the equipment. I have read the entire sheet that tells what the judge ruled on and that was shown in the first paragraph of this post. Hopefully the entire results of the case will be posted and everyone can judge for themselves.

[jswain3]

Sounds to me like this is something that shouldn't be aired on Hydroracer.net.

Jesse Swain

[bill van steenwyk]

I would have to disagree with that opinion, and think it is very short sighted. He did this to a sponsor who sponsored at least two UIM World Championship races with all the expense and work that goes into that. How would you like it if it was done to you or one of the folks that sponsors your races.

[Ralph Donald]

I must clarify that the Race for the Kids Foundation was indeed proud that their boat won the 175 UIM World Championship in 2014, beating the European teams that had won most of the UIM classes since the first UIM race at Lake Alfred in 2008. RFTK wanted the boat to also compete in 125H AND 175H at all of the U S Titles series races and any APBA races that were feasible in 2015, to promote awareness of RFTK. However negotiations failed and the boat and equipment was not returned when requested until now.

[treadguy]

All of this situation was just a crappy thing to do to Ralph Donald and Race For The Kids. The wrong doer was given a once in a lifetime chance and turned around and created a terrible situation for the people that trusted him. All the time and money spent getting this equipment returned ON TOP of the initial investment is overwhelming for something that should have been very simple. Ralph and RFTK have gone above and beyond to put on great races year after year........why would ANYONE do something like this to such wonderful people? I guess the only way to find out is to get inside the little pea-brain of the perp.

[Smitty]

Seems to me the aggrieved party, RFTK, should be awarded legal costs as well.

[treadguy]

Agree..........I know he is watching here. Give us your side so we can understand what you were thinking........

[DeanFHobart]

Agree..........I know he is watching here. Give us your side so we can understand what you were thinking........

That's correct... What were you thinking? And you know where the 125 Motor is also.

[racerv24]

It is a shame that he did that. Is a black eye to our sport and the racing families. That Builds trust issues in the racing community. My son and I would have loved an opportunity like that. Would have been a major boost for our small 2 man team.

[Ram4x4]

I tried searching for that case number in the OP on the Cook County Circuit Court site and it says case not found.

[DeanFHobart]

I tried searching for that case number in the OP on the Cook County Circuit Court site and it says case not found.

There is a link on the third post from 14J.

[bill van steenwyk]

For an update on this issue, see the thread by the same name on Boat Racing Facts

[Mrs blueskyracer]

From Boat Racing Facts: An update on this situration:

As stated, RFTK got the Trombetta Hydro and the 175CC Motor back on 3-11-17 from where the individual had it. Unfortunately the "wrap" (what was used on the boat in lieu of paint with his name as driver and also RFTK logo) had been completely removed. For what reasons you can make your own judgement. Another racer has kindly committed to take the boat back to RFTK at the Lake Alfred race in April, so that issue is resolved.

The remaining issue is the 125CC motor which may (or may not) have been sold that was not returned based on the court order. RFTK has several leads on the motor and will have to see if they can take back custody. If not that leaves another court case an associated expense, but RFTK are determined to see this to a satisfactory conclusion, one way or another.

If I had one piece of advice for the perpetrator it would be the following, don't screw with someone who has lots more time and resources than you to pursue this issue, a reason to be very pissed off, and the wherewithal to see this to a satisfactory end for RFTK, because it will happen and your life will be made miserable in the process, for quite a while.

All this can or could be avoided by the return of the motor, but to the present time the responsible person evidently does not realize this, but they will before this is over.