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A Las Vegas couple is suing the Boy Scouts of America for negligence after their son died in July 2011 while in a summer camp scuba diving program in Bear Lake.
Christopher and Sherry Tuvell filled the wrongful death lawsuit against the national organization this week in U.S. District Court on behalf of their 12-year-old son David Christopher Tuvell.
On July 13, 2011, David was participating in Discover Scuba Program, which is offered by and through several agencies and business, including the Boy Scouts of America, Bear Lake Boy Scout Aquatic Camp, Blue Water Scuba, dive instructors Lowell Huber and Corbertt Douglas and the Professional Association of Diving Instructors. All are defendants in the lawsuit.
The boy was diving with another Scout, a Scoutmaster and a diving instructor in about 14 feet of water in a roped-off area on the east side of Bear Lake. In the diving area, there is a line laid along the bottom of the lake to guide divers back to shore. The instructor and the Scoutmaster surfaced, leaving the two boys holding onto the line. When the instructor dove again, the two boys were no longer holding on to the line and were nowhere in sight, according to news reports. One boy was found farther out from shore and brought back in alive; it took about 30 minutes for searchers to find Tuvell, who was rushed to a hospital, where he was pronounced dead.
The lawsuit alleges that the defendants failed to ensure the boy was properly equipped, dressed and weighted. It states that they provided defective equipment and did not manage, monitor or supervise the boy’s air supply.
When the emergency situation arose, the parties failed to aid and properly rescue Tuvell, the lawsuit alleges.
"Defendant Corbett Douglas and other defendants failed to prepare and implement an adequate dive plan," the lawsuit states."
The parents claim all the defendants were negligent, strictly liable and failed to warn of the dangers posed by being part of the diving program.
The Tuvells seek an unspecified amount in punitive and compensatory damages.
Last edited by DandyDon; June 15th, 2012 at 10:58 PM.
Exactly! I think the truth is still to be known . . . after all, since when has a lawyer told the truth? Yes, a tragic event, but likely not exactly what the fear-mongering lawers are claiming it to be either . . .
Exactly! I think the truth is still to be known . . . after all, since when has a lawyer told the truth? Yes, a tragic event, but likely not exactly what the fear-mongering lawers are claiming it to be either . . .
Even if the truth is not known, to loose 2 divers during discover scuba! We're not talking a case where your doing open water and have practice what to do, we're talking where you are taught how to clear a mask and breath through a regulator, so you really are putting your trust in someone else's hands. I'm usually the first one to say things happen, but some things can be avoided. As with lawsuits you'll only see one side in the paper which leaves some questions. Was the scoutmaster a diver or was he doing discover scuba also? was he having some issues that need to be addressed on the surface? Why didn't they follow the rules of one diver gets in trouble we all surface, because in Discover scuba, there really is no buddy team due to inexperience! What's the sign for wait here till I get back??
Good grief! The Inst left two non-certified children below after giving them some hand signals it seems. They didn't understand or whatever, both got lost, and one died. And some of y'all are surprised that the child's parents are suing...?
Not surprised the parents are suing; just wondering why, if it's so cut and dry, that the authorities didn't make any arrests or go after the instructors for negligence. Or if they did, why they couldn't or didn't prosecute. But I'll admit, I haven't read anything about the case. I will when I get some time this weekend.
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Originally Posted by tadawson
