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Crew member sues Conception

Discussion in 'Scuba Related Court Cases' started by Dizzi Lizzi, Sep 19, 2019.

  1. Dizzi Lizzi

    Dizzi Lizzi Manta Ray

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  2. iamrushman

    iamrushman Great White

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  3. JohnnyC

    JohnnyC PADI Pro

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    I'm curious what his justification for suing WDA is. That they should have known the boat was dangerous and therefore liable as well? I understand that lawsuits often take a shotgun approach, and name everybody, justifiably or not, in order to try and secure a settlement. I'm curious if this is simply a legal tactic, or if there's some legal basis for his naming them in the suit.

    I guess we'll also see how well the limitation of liability works out pending the investigation results, whether it was TA's fault, or the individual crewmen. I wonder if this is the guy who should have been on watch and it's a proactive defense claiming he's not at fault based on his claims about inadequate training, etc.
     
    Johnoly likes this.
  4. abnfrog

    abnfrog Tech Instructor

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    just wait this is only the beginning the lawyers AND expert witness's are going to be coming out of the wood work .....
     
    eleniel and Diving Dubai like this.
  5. Esprise Me

    Esprise Me Kelp forest dweller ScubaBoard Supporter

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    This appears to be the original complaint: https://www.google.com/url?sa=t&sou...FjATegQIARAB&usg=AOvVaw2AhNRFiKEruMXXBfBHrj3h

    I'm not surprised he's suing given the injuries he sustained. I doubt someone in his line of work has adequate resources to cover those medical expenses plus lost wages while he recovers. I've often wondered how many fewer tort claims would be filed if we had universal healthcare and disability insurance. If everyone pushing for tort reform pushed equally hard for those things, maybe we'd find out. But I guess that's neither here nor there.
     
  6. Wookie

    Wookie Secret Field Agent ScubaBoard Business Sponsor

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    His maintenance and cure is covered under the vessel owners Jones Act policy.

    Unless the vessel owner doesn't have a Jones Act policy.

    Then the crewmember would have to sue, but there is no question that the vessel owner has to pay. Jones act trumps most everything.
     
    eleniel, potato cod, rjack321 and 2 others like this.
  7. Sam Miller III

    Sam Miller III Scuba Legend Scuba Legend

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    I am certainly not an attorney- but I have been a "Expert witness " (20 miles from home and I own a briefcase ) on numerous occasions beginning in 1956.

    There is a distinction between civil litigation and marine litigation.

    Any Attorneys (@Jayfarmlaw or @Scuba Lawyer) have this type of this specialized experience and expertise who can comment ?

    SDM


    @Marie13 CE
     
  8. Cowfish Aesthetic

    Cowfish Aesthetic Barracuda

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    Disappointing (for us) lack of detail in the complaint.
     
  9. Wookie

    Wookie Secret Field Agent ScubaBoard Business Sponsor

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    Agreed. I am also an expert witness (Captain and DM) but I've never run up against a purely maritime case like this before. Many legal teams will use maritime law and wording to thwart civil case lawyers. Tom Forbes@nolatom is an admiralty lawyer, formerly with the Coast Guard and a sometime captain for me. Maybe he can shed a little light on the filing.
     
    eleniel and drrich2 like this.
  10. cerich

    cerich ScubaBoard Supporter ScubaBoard Supporter

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    what stands out to me is that the crew who is injured is obviously not getting paid, that is insane on so many levels
     

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