Wrongful Death Suit re: Diver Death

[PaulChristenson]

OKAY...OKAY...
Where do I go to take my LSAT???

 

[whatdecostop?]

SB Friends....I'm confused....which is an easy thing for me !!!!

Having followed the link posted, and read the reporting of this case, is it waivers that are/is the main point here?
I thought it is a case of the parents/US judical system trying to prove guilt of the concerned party (and his lawyers proving innocence) in a "premeditated" wrongful death (apologies for lack of corect legal jargon). This all came around because the local (outside US right?) authorities couldn't prove anything at the time of the incident.

 

[gratefuljames]

I learned a long time ago not to discuss legal issues with a lawyer, or non-lawyers, either being as annoying for different reasons...and believe me I know, because I have been both...lol....

Don't worry deco, the thread has been winding its way back and forth and in and out of several different issues and you're not the only one confused about whomever is talking about what, why and when...

I think this thread is approaching Dead Horse land....personally...

 

[H2Andy]

lol, yeah... we're kind of all over the place

I thought it is a case of the parents/US judical system trying to prove guilt of the concerned party (and his lawyers proving innocence) in a "premeditated" wrongful death (apologies for lack of corect legal jargon). This all came around because the local (outside US right?) authorities couldn't prove anything at the time of the incident.

yes, it's a civil action (not criminal) brought by the parents of the victim
against her husband seeking damages for her wrongful death. damages
in this case means exclusively a monetary award.

check out post 28 for the genesis of the waiver discussion

 

[ItsBruce]

A real digression: Wow, I never noticed there were numbers on the posts!

 

[RIOceanographer]

FYI there is a verdict. He was found responsible to the sum of $3.5 million.

http://www.turnto10.com/news/7401877/detail.html

 

[H2Andy]

thanks, Chris

 

[ItsBruce]

I wonder if juries ever really consider the the significance of the numbers they use when they award damages. I'm sure they are aware of some of the huge verdicts that have been awarded as those verdicts are often on the news. I suspect that they compare what they award to those numbers. Of course, the news rarely reports when the trial judge or court of appeal reduces the award because it is excessive. (I saw one web site that talks about how Farmers Insurance was found liable for something like $57 million. This figure was made up partly of punitive damages, assessed to punish Farmers for malicious and oppressive conduct. In truth and in fact, the California Supreme Court reversed the whole thing finding it was not liable in the first instance, let alone for acting maliciously, etc.) A huge award virtually assures an appeal or a bankruptcy filing. BTW: Has OJ Simpson paid a dime of the judgment that was rendered against him?

 

[lowwall]

Bizarre case. He offered no defense to an argument that seems easily defendable, "the Tyres' lawyer, J. Renn Olenn, alleged that Swain killed his wife by attacking her from behind in the water, shutting off her air supply and ripping off her scuba mask."

Since when does this equal certain death?

 

[countryboy]

So what next, spousal waiver's signed by my in-laws prior to vacations?

If the Life Insurance company investigated and awarded the payment, and local authorities investigated and ruled accident.. don't know. I don't have enough information personally, but things don't add up on either side.

If this really isn't about the money (what the father said in the article) then I hope they donate the funds to charity..

My condolences to all..