Horizon Dive Adventures Complaint Filed in Federal Court

[Cert1967]

Meanwhile, back at the courthouse, the wheels of justice are turning.

Doc 127
CLAIMANT’S RENEWED MOTION TO STAY LIMITATION ACTION
The Claimant, SANDRA STEWART, as Personal Representative of the Estate of ROBERT STEWART, hereby renews her request that this Court stay Petitioner’s Limitation Action and stay entry of the injunction against the prosecution of her claims in state court due to two crucial developments in this matter, which have confirmed that this limitation action is a single claimant proceeding.

Doc 128
ORDER GRANTING CLAIMANT SANDRA STEWART'S MOTION TO DISMISS CLAIMANT PETER SOTIS'S CLAIMS FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AND NEGLIEGENT INFLICTION OF EMPOTIONAL DISTIRESS
​

Docs 125 and 68 give background.

What issues are left for the admiralty court and how will the judge address Claimant Stewart's motion?

 

[Wookie]

Two follow-up questions then. One, why wasn't that team assembled and ready to go? I understand that a recovery does not have the immediacy of a rescue, but at the time I remember open calls (possibly from the victim's family) for tech divers to search for Stewart.

Second, let's say the WET group did tamper with the evidence, and not just by bungling. What could they have likely done that would alter the available evidence in such a fashion as to benefit Horizon in court and wouldn't be turned up in an autopsy or by the NEDU?

All I can say is that a forensic team was offered to the coroner. As to why the coroner choose not to pay that team to be on standby during a surface search is not within my realm of knowledge.

I could never begin to fathom what they could possibly done with any remaining gas in bailouts, valve positions, bov lever positions, offboard plumbing connections or not, gas in wing, weights, or anything else, as I am neither certified on a rebreather nor to that depth. You’d need to find an expert to explain that sort of thing. Hypothetically speaking.

My opinion is that they did not tamper with anything. Brock was right there, and I have nothing but the highest respect for Bleser.

 

[uwxplorer]

Unless I missed it, I am surprised we are 167 posts into this thread and no one has yet linked to an earlier thread that covers much of the same ground, by many of the same contributors. Yes, there is a lot of reading over there...
Filmmaker Rob Stewart dies off Alligator Reef

You missed. And yes, new folks contribute their Monday quarterbacking without bothering to read and digest the available info. This is the internet.

 

[Protondecay123]

You missed. And yes, new folks contribute their Monday quarterbacking without bothering to read and digest the available info. This is the internet.

Or they have digested that already and a more current discussion is here?

 

[uwxplorer]

Is there?

 

[Protondecay123]

Meanwhile, back at the courthouse, the wheels of justice are turning.

Doc 127
CLAIMANT’S RENEWED MOTION TO STAY LIMITATION ACTION
The Claimant, SANDRA STEWART, as Personal Representative of the Estate of ROBERT STEWART, hereby renews her request that this Court stay Petitioner’s Limitation Action and stay entry of the injunction against the prosecution of her claims in state court due to two crucial developments in this matter, which have confirmed that this limitation action is a single claimant proceeding.

Doc 128
ORDER GRANTING CLAIMANT SANDRA STEWART'S MOTION TO DISMISS CLAIMANT PETER SOTIS'S CLAIMS FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AND NEGLIEGENT INFLICTION OF EMPOTIONAL DISTIRESS
​

Docs 125 and 68 give background.

What issues are left for the admiralty court and how will the judge address Claimant Stewart's motion?

Honestly, that filing was ridiculous! I'm not sure if the legal team thought that would be a good move or Sotis. But that dismissal may come back to bite them in the courtroom (if it ever gets to that, which I seriously doubt). To maintain that the Stewart's did this for Intentional infliction of emotional distress is beyond ridiculous. Anyone could see that the suit the Stewart family filed was to be compensated by a real loss. Also I don't know if any of you watched "The Third Dive" but imho, Sotis did himself a huge disservice by saying " I didn't really like him. He was a little "too California" for me." in regards to Rob Stewart. I would certainly imagine that video clip will be played in the courtroom, if Sotis does anything other than repeat that statement. Or tries to say they were friends in some way. But I think this will be settled with non-disclosure agreements for all parties.

 

[Wookie]

Honestly, that filing was ridiculous! I'm not sure if the legal team thought that would be a good move or Sotis. But that dismissal may come back to bite them in the courtroom (if it ever gets to that, which I seriously doubt). To maintain that the Stewart's did this for Intentional infliction of emotional distress is beyond ridiculous. Anyone could see that the suit the Stewart family filed was to be compensated by a real loss. Also I don't know if any of you watched "The Third Dive" but imho, Sotis did himself a huge disservice by saying " I didn't really like him. He was a little "too California" for me." in regards to Rob Stewart. I would certainly imagine that video clip will be played in the courtroom, if Sotis does anything other than repeat that statement. Or tries to say they were friends in some way. But just I think this will be settled with non-disclosure agreements for all parties.

Do you understand completely what 127 is meant to do? If not, ask a lawyer like maybe a PM to Cert1967. If that motion is approved, I will no longer be able to comment on any of these posts.

 

[Protondecay123]

Do you understand completely what 127 is meant to do? If not, ask a lawyer like maybe a PM to Cert1967. If that motion is approved, I will no longer be able to comment on any of these posts.

It looks like they threw out Sotis's counter suit and she is petitioning to have the case argued in the court of her choosing (state not federal). Did I miss something?

 

[Wookie]

Nope. Nailed it.

 

[Wookie]

So rEvo was added to the suit. Their response.....