Andrea Doria lawsuit dismissed

The US District Court for the Eastern District of New York dismissed a wrongful death suit brought by the family of a diver based upon the liability release that he signed before the dive. The complete story can be found at: http://www1.nydailyrecord.com/

I just noticed that the web address only leads to a very brief summary of what occured. The facts are as follows: Christopher Murley was 6'6" and 350 lbs. He was certified in 1998. He completed a 10-module instruction program with Cincinnati Diving Center (CDC). He took additional training (I can only assume AOW, Rescue and Technical Diving). In July, 1998 he registered for an Advanced Trimix course. He signed three separate liability releases as part of the course. He did three deep tech dives off Pompano Beach, Fla. as part of the course. He continued his course requirements and signed up for a Doria trip. On July 17,1999 he joined a charter for two dives on the Doria. He had less than 100 dives. He booked through CDC. They dove the U-835 and two days later left for the Doria. Murley aborted his first dive after a partial descent. He stated that he thought he analyzed the gas wrong because he experienced a visual disturbance. The next morning he successfully dove 189 feet to the Doria. That afternoon he attempted a second descent. Crew members noticed him struggling in the water and went into the water to help. Attempts at CPR were unsuccessful. Death was ruled a drowning. The Court dismissed the case based on the three releases signed by Murley. The Court stated that they will generally decide such a case based upon: 1) Did the person signing the release give an informed consent?; 2) Is the release was inconsistent with public policy?; and 3) Did the release form a valid contract? The Court ruled that Murley was clearly informed about the dangers of the diving and assumed all risk. He represented to CDC and the charter operator that he was physically fit and competent for the dive. The Court also found that enforcement of the releases was not against public policy (citing numerous other cases) and that the contract was not inherently unfair. Please forgive incomplete information. The article was clearly written by a non-diver and some of the info. was unclear.

Wasn't this also the one where his instructor new (Who was on the trip as well) he wasn't up to par and kinda fudged it so he could do the dive?

At least the courts got it right this time.

From what I gathered from the reports I have read the instructor was somewhat in th edark as well. I recall reading that he had stated that he had more dives, and many more deep dives than he actually had.

This is the guy who was not qualified to make the dive but since his instructor was along, the captain allowed him to do his training dives on the doria. IMO this is a situation where you have contributory negligence on the part of the diver as well as on the DM. They both new he should not have been on the dive and if my memory is correct, he also had been recently diagnosed with diabetes. Agreed, the courts got this one right.


Thanks for the update legal eagle Tim

I agree that the Court got this one right. Personal responsibility is not and should not be an outdated concept.

Click Here for a good piece on what happened.

I think that the courts got it right. BS like this would be best settled out behind the barn. It was another example of the incompetence that's rampant in dive instruction.

While there may not be any legal liability on the instructor or any one else the whole affair was, IMO, a gross violation of common sense.

Give me a break! Training dives on the Doria with less than two years and 100 dives experience?

Also, IMO, it would serve all well to remember the name Cincinnati Diving Center. If I were you I'd find out the name of the instructor and avoid him also.

And remember, the guy died on the surface, which means it was probably a health problem, and not diving related, though deep diving could have contributed.

MikeFerrara once bubbled...
I think that the courts got it right. BS like this would be best settled out behind the barn. It was another example of the incompetence that's rampant in dive instruction.

While there may not be any legal liability on the instructor or any one else the whole affair was, IMO, a gross violation of common sense.

Give me a break! Training dives on the Doria with less than two years and 100 dives experience?

Also, IMO, it would serve all well to remember the name Cincinnati Diving Center. If I were you I'd find out the name of the instructor and avoid him also.

Click to expand...

Mike, the name of the primary instructor is in the link. Anyone interested could also read Deep Descent by Kevin McMurray. Mr. McMurray gives specific names (but fewer details on Christropher Murley, himself. Wanting to go in to get a toilet, jeesh!). I also know of another gentleman that is rumored to be involved. I run into him at the quarry frequently and have my own instructors up here, so I really have no intention of taking a class from him. I will leave it for interested parties to dig up the name for themselves as naming him without him being able to defend himself would border on be a little unfair to him, no matter what I personally feel about that incident. There is enough press on this that I feel that everybody should draw their own opinions instead of hearing them outright.