Diver Died In West Palm Beach, Fl.

[deepstops]

Apparently, the trip with Narcosis was booked through Ocean Sports of North Pinellas as it still appears on their calendar from May 3, 2008: PHP-Calendar

 

[diver 85]

It appears that a dive shop is a defendant in this suit, as well. I'm tempted to pick up a copy of the complaint to see what it actually says. Here's the clerk's docket Docket Report Search Results (DRR) - Not an Official Document=

Generally, these suits against the operators infuriate me. We all sign a waiver when we get on the boat. We all know there are risks inherent in this activity. Nevertheless, the operator still has to pay to defend this suit, and probably ends up paying a nuisance value settlement, just to make the litigation costs go away.

Just goes to show you how stupid some lawyers are, right???

 

[openmindOW]

It appears that a dive shop is a defendant in this suit, as well. I'm tempted to pick up a copy of the complaint to see what it actually says. Here's the clerk's docket Docket Report Search Results (DRR) - Not an Official Document=

Generally, these suits against the operators infuriate me. We all sign a waiver when we get on the boat. We all know there are risks inherent in this activity. Nevertheless, the operator still has to pay to defend this suit, and probably ends up paying a nuisance value settlement, just to make the litigation costs go away.

Actually, the truth is more complicated than that.

The Dive Op will likely NOT pay for any legal expenses; the insurance company will. That's what you pay premiums for.

Waivers are defeatable but the waiver will be raised by defense counsel. The suit might not make it trial, as it might get thrown out.

And the PADI bashers out there may be happy to know that a training agency might also be named as a co-defendant.

 

[imwright1985]

Thats like suing the Wright brothers family every time there is an aircraft accident it would be rediculous to go after the Cert Agency. They are kinda dumb for picking a jury trial too, most people will see the waiver and think ohh she knew there was risk involved, did the charter increase that risk? if not then the case would probably get dropped. looks like the ladys kids are just greedy.

ohh and i looked at their magnificant attournies other cases and am really impressed.LOL sofar all that i have been looked at have been disposed of

 

[Grounded]

They are kinda dumb for picking a jury trial too, most people will see the waiver and think ohh she knew there was risk involved

If I was the plaintiff, I think I'd rather try this case in front of a jury, rather than Judge McCarthy. He's not what you'd call the most sympathetic judge out there....

 

[tridacna]

ohh and i looked at their magnificant attournies other cases and am really impressed.LOL sofar all that i have been looked at have been disposed of

I think that you misunderstand what that means.

When a case is disposed by a Judge - a judgment or disposition is reached by the judge in a case which is not dismissed and in which no trial has been held. This includes stipulations by the parties, conditional judgments, summary judgment after hearing and any matter in which a judgment is entered excluding cases disposed of by default.

Basically the case was not officially dismissed against one party but it’s no longer pending either. A judgment was entered without a trial. There could also be some kind of conditional judgment involved. Could have been settled. We don't know.

 

[imwright1985]

I think that you misunderstand what that means.

When a case is disposed by a Judge - a judgment or disposition is reached by the judge in a case which is not dismissed and in which no trial has been held. This includes stipulations by the parties, conditional judgments, summary judgment after hearing and any matter in which a judgment is entered excluding cases disposed of by default.

Basically the case was not officially dismissed against one party but it’s no longer pending either. A judgment was entered without a trial. There could also be some kind of conditional judgment involved. Could have been settled. We don't know.

ok thanks for clearing that up, i thought it was a really horrible attourney. either way if he could bring a nice solid case i think it would go to trial before a settlement. that would allow the defense to get the most potential money rather than being a comprimise

 

[dumpsterDiver]

Wow i feel kinda bad for Narcosis now, We never got the full details on the accident but i know from friends experiences that Narcosis is a pretty good charter and i know from diving the same general area they are very considerate and look like they are running a prefessional opperation rather than some of the kinda shady ones i have seen. Hopefully this will all get sorted out propperly and if narcosis was irresponsible pay or if the kids are just trying to collect some cash they get nothing

I've been diving that area almost every weekend for 20 years and have worked for charter boats as a DM for hundreds of trips in West Palm. The owner/operator of Narcosis is extremely irresponsible and reckless in the manner in which he operates the vessel. I have personally seen him endanger divers and I have spoken with the capt. Van about it in considerable detail. Amazingly he is even ignorant of the dive flag laws of Florida.

I have no information that would lead me to believe that this death was directly associated with unsafe or reckless operation of the vessel, but I would NOT be diving with that operator.

It is a shame too, because it is a very nice vessel, but the capt. has not owned it for very long. The previous operator (capt. Ray) was super expeirenced and a great guy.

 

[deepstops]

He looks like a troll, he writes like a troll, he must be a troll........

 

[Iain Thysse]

OK...while I have not read every thread on this post, and I am not American (and thus have not idea about how deep your ridiculous laws go in the litigation department), I have to say this..... As a diver I know the dangers of diving (taught in open water when you sign your first release form) as should every well taught diver. Then there are people who are quite happy to bad mouth the operator in this case, but whom have never previously said a thing about it...do you not feel any responsibility for the accident since you knew the problem existed and said nothing, I would assume you have some hand in the death????? I would guess that you will write a scathing reply to this, but the fact remains that you have publically announced that you would not dive with the boat because of repeated safety issues, and yet you did nothing....nice one.
I know that I will get endless abuse because of this post, but you have to admit that if you did/said nothing about the charter before the incident, it is pretty hypocritical of you to throw in your bit now...you are just as responsible for this as the people you have tried to blame.
As a diver I require a boat, and since I do not have one of my own I need a charter to get to the dive site. It seems strange that there is only one plaintive....if the charter as so at fault that they caused the death, why have the rest of the divers of that trip (who apparently got out with their lives by the sheer grace of what ever god you chose to believe in) not joined in the suite? Perhaps it is because sometimes....as much as it makes no sense...people just just die doing things they love, and know to be dangerous....
I know that when you loose a loved one you want their to be someone to blame. I lost my father while he underwent a relatively "safe" tonsillectomy. Things sometimes just don't work out, but if we keep on trying to blame those who enable us to do the things we love, soon they wont be there for us....and I would bet all I own that the same people who have a huge mouth on this post about how bad the charter is, would be the same ones complaining about the lack of/high price of the charters in a few years.
Lets all be a little more responsible about our lives and try and tell those we love about the decisions we make...that way there should be less of these posts, although I have no doubt that this one will make sure that this particular post will continue into the next year at least. I take divers out almost everyday, but have decided to no longer pursue my chosen profession since it seems that there are so many people out there just looking to close down those who they expect to help them....

or perhaps I should just not take out Americans......might be better for Asia if all of the instructors/dive masters thought like that? You are creating the diving world that the rest of us have to live and teach in.