Wrongful Death Suit re: Diver Death

[LobstaMan]

Did anyone see the front page of the Providence Journal today? It has an article about a 1999 dive 'accident' in Tortola in which a gentleman's [name removed per rules for this forum] wife died and the subsequent wrongful death suit by her parents. I've never heard anything about this case before. Can anyone share any insight into the story? You only get part of the story from the fish wrap. Especially so in this case where he and his lawyers didn't even bother to show up in court. The article is probably on line somewhere, but even if I found it, I couldn't post it here(computer-challenged). Sorry.

LobstaMan

 

[PFF]

Here is a link to the article on the Providence Journal website.

http://www.projo.com/eastbay/content/projo_20060216_swain16x.180771cd.html

[This has been edited by a mod to provide a link to the article text instead of reproducing the complete, copyrighted article on SB. Registration is required at the website in order to read the article.]

 

[H2Andy]

procedurally, it's very odd for a trial to go on without one of the parties
present, though it can be done, particulalry if the jury has already been
selected

judges will tend to continue the case and impose sanctions on the missing
party. i would hate to be that lawyer. i imagine he will be suspended,
at a minimum, and possibly disbarred.

seems like this judge isnt' playing around

 

[Diesel298]

this is way OLD news..
its just back in the headlined..
i have herd several variations of the story,
but im not gonna start stirrin the pot about the guy on a message board.
time will tell i suppose

 

[LobstaMan]

I know from reading the story that it happened in '99, but I have never seen anything about before today. All my in laws live in RI and I'm kidda surprised I never have heard about it before. I'd like more info. The ProJo article just touched the surface.

LobstaMan

 

[PeaceDog]

2 Things:


1) Went to Bonaire last year with Ocean State Scuba and the gentleman [name removed per rules of this forum] himself, and I have nothing but outstanding memories of every single involvement I had with him, be it personal or professional.



2) In our country, we are innocent until proven guilty. I'm prepared to make a judgement on this that might be against what I'd like to believe, but I'm only going to do it after I've heard every single pertinent fact relevant to the case. A single article in a Rhode Island newspaper isn't even remotely enough for anyone on the board here to take an educated position on the issue.


Don't mean to sound snotty or truculent, but we need to be careful not to let the Providence Journal (or any other media outlet) aid in getting ahead of ourselves...

 

[jonnythan]

PeaceDog makes a very good point.. this is a trial, not a conviction. While I have no problem with bringing it up on ScubaBoard, let's try not to speculate about events absent of the facts.

In other words, let's not convict this guy of anything, and keep the discussion civil and in control. I'll be keeping an eye in here

 

[LobstaMan]

Procedural note....this is a civil case and there is no such presumption re: guilt or innocence. That's only for criminal cases. In civil wrongful death suits, the jury either decides whether the person is responsible/liable for the death or not. If so, then they impose fines to the defendant and/or monetary rewards to the plaintiff. The standard or proof in civil matters is less than that in a criminal trial which is beyond a reasonable doubt. It differs from jurisdiction to jurisdiction, but it usually is a preponderance of the evidence or a 'more likely than not' standard. Example -- the wrongful death suit brought by the Goldmans against OJ.

As far as getting all information, that's what I'm asking for. I don't know any of the people involved in the suit and have never heard of the incident. It captured my interest being a diving/death/legal/local story so I thought I'd try to get more info on it on the SB. I don't make any judgments until I get more facts. I certainly wasn't taking what the ProJo(or any other paper) has to print as gospel truth or the only twist on the story.

LobstaMan

 

[Ron Brandt]

Here is another link.

http://www.cdnn.info/news/industry/i060217a.html

Ron

 

[Gidds]

Thank you for moving and editing appropriately.