Filmmaker Rob Stewart's family files wrongful death lawsuit

[mdb]

I'm sure they'll name the instructor, his store, his agency (if there is one, I think I've heard conflicting info). Maybe the boat, captain, maker of the rebreather, and the guy on the nearby beach selling drinks. It's the way of lawyers.

The lawyers will sue anyone remotely associated with the incident.

Most cases are settled out of court with multiple payouts from the various defendants.

If they feel they have a very strong case they will go for a Jury trial and very large settlement.

 

[Patoux01]

IMO they'd be very silly to go for rEvo... but hey, never underestimate the american law system...

 

[doctormike]

I'm sure they'll name the instructor, his store, his agency (if there is one, I think I've heard conflicting info). Maybe the boat, captain, maker of the rebreather, and the guy on the nearby beach selling drinks. It's the way of lawyers.

It's not so much the way of lawyers as it is the way of the law.

When you file a lawsuit, you often have to do it before you spend the time and money to do the exhaustive investigation which would show any specific liability. You can't add a defendant later in a case, but you can very easily drop a defendant during the course of a lawsuit if it turns out that there is no liability there. So from a practical point of view for the plaintiff, it makes sense to do it that way.

There are a lot of frivolous lawsuits. There are also a lot of people who are injured through no fault of their own and who have to eat the costs of that injury. I have no idea where fault lies in this particular case. Like most of us in this thread, we are just interested divers, piecing things together from the limited information that we have. Hopefully the NEDU analysis will provide more insight, but that isn't happening soon.

I'm not an attorney, but I would just caution people against the typical online response to a high profile lawsuit in the dive industry - "lawyers all suck, any plaintiff is wrong by definition, all defendants are just poor victims of the American legal system". Sure, sometimes lawsuits do fit that profile (like what happened to Richie Kohler). Some lawyers probably are in it just to cash in on the various insurance policies written by companies that woudl rather pay out for a worthless claim than bother to fight it in court. Other times, the truth is less obvious, and there is real liability that should be discovered to help protect others in the future.

We all tend to circle the wagons with very little real information to back up our positions. Maybe just wait and see how things play out before assuming anything.

 

[kelemvor]

I just want to make the point that I'm not against this particular lawsuit at all. If what I've heard is correct, which may very well be a stretch, it sounds to me like that sortis guy is at fault. That may or may not extend to addhelium and/or the training agency. I was joking about the naming of everyone under the sun because well.. it happens.

 

[Ron Lee]

I saw an interview on Good Morning America today with the parents and another guy who is probably the lawyer and I was disgusted with the comments by those three and the post interview analysis by some ABC woman (possibly a lawyer nut not the normal Abrams lawyer guy). None of those people were there and yet they act as though they personally saw everything that happened and can assign blame.

You can see that interview below:

'Sharkwater' filmmaker's family to file lawsuit

 

[jadairiii]

if the Fla Keys news article is correct, it will be filed in Broward County.

Broward will post all the pleadings on their website, anyone may search it and read the pleadings, answers and motions filed. Just search any of the names. Or you all can just speculate.

Broward County Clerk of Courts - Home

If filed this week it should show up late this week or next.

 

[luscioman]

I'm sure they'll name the instructor, his store, his agency (if there is one, I think I've heard conflicting info). Maybe the boat, captain, maker of the rebreather, and the guy on the nearby beach selling drinks. It's the way of lawyers.

I agree with your 100% and I am sure Dr. Clauda Sotis will be including as well.

Hopefully the community will be able to get some answers as to what happened to prevent this from occurring in the future. I am trying to be optimistic here.

 

[kelemvor]

I agree with your 100% and I am sure Dr. Clauda Sotis will be including as well.

Hopefully the community will be able to get some answers as to what happened to prevent this from occurring in the future. I am trying to be optimistic here.

I'm not too optimistic about that. It's a civil suit, and aren't those pretty much just about money?

 

[Wookie]

I just want to make the point that I'm not against this particular lawsuit at all. If what I've heard is correct, which may very well be a stretch, it sounds to me like that sortis guy is at fault. That may or may not extend to addhelium and/or the training agency. I was joking about the naming of everyone under the sun because well.. it happens.

Do not mistake negligence with fault. Sotis may or may not be to at fault, but it isn't likely he was negligent. We will have to wait for the facts in the case to find out for sure.

 

[Wookie]

It's not so much the way of lawyers as it is the way of the law.

When you file a lawsuit, you often have to do it before you spend the time and money to do the exhaustive investigation which would show any specific liability. You can't add a defendant later in a case, but you can very easily drop a defendant during the course of a lawsuit if it turns out that there is no easily retrievable money from the insurance company there. So from a practical point of view for the plaintiff, it makes sense to do it that way.

There are a lot of frivolous lawsuits. There are also a lot of people who are injured through no fault of their own and who have to eat the costs of that injury. I have no idea where fault lies in this particular case. Like most of us in this thread, we are just interested divers, piecing things together from the limited information that we have. Hopefully the NEDU analysis will provide more insight, but that isn't happening soon.

I'm not an attorney, but I would just caution people against the typical online response to a high profile lawsuit in the dive industry - "lawyers all suck, any plaintiff is wrong by definition, all defendants are just poor victims of the American legal system". Sure, sometimes lawsuits do fit that profile (like what happened to Richie Kohler). Some lawyers probably are in it just to cash in on the various insurance policies written by companies that woudl rather pay out for a worthless claim than bother to fight it in court. Other times, the truth is less obvious, and there is real liability that should be discovered to help protect others in the future.

We all tend to circle the wagons with very little real information to back up our positions. Maybe just wait and see how things play out before assuming anything.

Fixed that for ya.