From a tireless reader who sails a Laser named "Minor Threat" comes of a copy of the lawsuit filed by John Podmajersky against the Chicago Yacht Club and Robert Brandenburg, the charterer of Podmajersky's Mumm 30, with which Brandenburg won the Chicago to Mackinac Race. This story, if it is as we hear it, is a god damn embarrassment. Podmajersky ought to be ashamed of himself. We don't know much about him, but this lawsuit speaks volumes about his character, or lack thereof. We do know that he has not responded to two e-mails from us. This is a guy who has to sue to get his name on a trophy that he really didn't win? What a douche.

Pages 1 and 6 - 12, Pages 2 - 5
(someone needs to learn how to scan documents)

11/13/2002

This Mumm 30 story just keeps going and going. And while a lot of you are truly disgusted by the lawsuit (us too), this story bears following because of it's potential ramifications from a number of fronts.

Since part of our job is to indeed pour gasoline on an open fire, we present you yet another five-gallon can. This is the Affidavit that John Podmajersky attempted to get Robert Brandenburg to sign after the race. Brandenburg, to his credit, did not, and then Podmajersky did what all weenies do when they don't get their way: He sued. Enjoy, and as always, Good times.

To view the orginal filing of the suit (sorry about the pages being messed up)
Pages 1 and 6 - 12, Pages 2 - 5
(someone needs to learn how to scan documents)

AFFIDAVIT OF  ROBERT T. BRANDENBURG, JR.

            I Robert T. Brandenburg, under penalties as provided by law pursuant to section 1-109 of the Code of Civil Procedure, certify that the statements set forth in this instrument are true and correct and that I have personal knowledge of all the facts stated herein:

1. I was a member of the crew of the Mumm 30 yacht “Illusion” in the 2002 Chicago-Mackinac Race (“Race”).
2. During the race I was the navigator of “Illusion”.  I was never on the helm and did not at any time assume responsibility for the yacht or its crew as its skipper.
3. John Podmajersky III is the owner of and was the skipper of “Illusion” during the Race.  He was on the helm of the yacht during the start, during all significant maneuvers and mark roundings and at the finish of the Race.  He was on the helm of “Illusion” for at least 30 of the 35 hours of elapsed time of the Race.
4. At the request of the owner, John Podmajersky, I assumed the responsibility of preparing entry forms and ensuring that “Illusion” was equipped with all necessary safety gear.  Furthermore, I arranged for the provisioning of  “Illusion” with sufficient food and water for the race.
5. I prepared a preliminary crew list which I submitted along with the entry form.  John Podmajersky’s name was not on that list due to the fact that he was unsure if he could make the race due to conflicting business responsibilities. 
6. This was the first occasion on which I had ever completed an entry form for the Chicago-Mackinac Race and I did not consult with John Podmajersky or show him the completed entry form prior to submitting it.  I was unfamiliar with the form and had no idea that in completing it incorrectly I was inadvertently entering the Chicago-Mackinac Race in my own name and thereby signing away the rights of the skipper and owner, John Podmajersky.
7. I did not charter, rent or borrow  “Illusion” before or during the race and I did not intend to represent that I had done so by completing the entry forms on behalf of the owner.
8. On or about the day after I submitted the entry form John Podmajersky informed me that he was going to sail the race and that Dirk Hacker and Eric Wulff, other regular members of the crew, would be joining as well.
9. When the official “Scratch Sheet” was published I reviewed a copy and saw that my name was listed in error as the entrant.  I pointed this out to John Podmajersky and assured him that I would correct the entry.  John asked that I make sure I do so as soon as possible.
10. Due to distractions caused by the press of time, my inexperience with the race, and my own health problems, I failed to make the corrections to the entry form prior to the race.  I did not ask for assistance or help with this task from the owner or any other member of the crew.
11. Upon arrival on Mackinac Island after the race I signed the boat in.
12. Upon my return from sign in, John Podmajersky asked if I had made the necessary corrections to “Illusion’s” entry form.  I informed him that I had neglected to do so and that I would immediately take steps as necessary to correct the entry.
13. All my actions were made as a member of the crew completing the responsibilities I had agreed to take on which included completing paperwork for “Illusion’s” entry, assuring that proper safety equipment was onboard, provisioning for the race and necessary logistics, sign in, etc. afterwards.  None of my actions were made as a charterer or skipper and I was at all times acting under the direction of and with the best interests of the owner at heart.
14. In the intervening weeks since the race I have made my best efforts to correct the entry form including submitting a written request to the Mackinac Committee asking them to correct the entry to reflect John Podmajersky as the owner and Skipper of “Illusion.”
15. I do not want my name on the Mackinac Race trophies because I did not win them.  The name that belongs on those trophies is John Podmajersky III, the owner and skipper of “Illusion”, the person who won the Race.

FURTHER AFFIANT SAYETH NOT.

                                                                                    _______________________________

                                                                                                Robert T. Brandenburg

                                                                                    _____________________

                                                                                                Date

11/14/2002