Suit filed in case of "Girl dead, boy injured at Glacier National Park

[boulderjohn]

It is clear in the complaint they were doing AOW with her and drysuit with another guy. I was wrong it doesn't say the deep dive just conducting AOW with so it was a class. Which dive is irrelevant.

If one of your students shows up for a in water class with a drysuit and no inflator hose are you still doing the class?

For me if a buddy shows up like that I'm not going. In fact I pulled out of a dive this weekend because my buddy was shows signs of dehydration, I canceled the dive that instant as a buddy/buddy relationship.

You are right that we don't have all the facts only part of a story.

Show me in the complaint where it says they were doing an AOW class dive on that dive.

What dive matters a lot. It would be an important part of the complaint to list the dive. The complaint would go on to talk about whether or not the knowledge review for that dive was signed. It would list the standards for that dive. It would show that there was no attempt to perform the standards of that dive. Why is all that information listed.

Please reread my post above about how attorneys try to manipulate you into believing something is true when there is in fact no evidence for it to be true. Proving beyond a doubt that there was an instructor/student relationship on this dive should be a critical part of the complaint. Why isn't it there?

 

[cerich]

So what does this internal memo prove? It shows that PADI learned about the fatality the day after it happened. Are you suggesting they should have sent the memo sooner about the fatality before the death so it could have been prevented?

We know form the reporting on the lawsuit above that the plaintiff is saying that Gull Dive did not inform PADI of the death the year before, and it is questionable that they should have. The person died using gear rented from them. It was not on an instructional dive, and it was not on a Gull-organized dive.

So what does that internal memo prove? Pray be specific.

I am curious when the regional rep was told about the previous issue. The email doesn't say that of course.
My gut tells me it was known before the death because having been a training agency and major equipment regional rep I know how much info you get from dealers/instructors. I suspect it will eventually come out in a filing or in court. But I would feel comfortable making you a $100 bet that the rep knew about the previous death before the one in question. I am also completely unsure what bearing that actually has on this case because I know nada regards the circumstances of that death beyond reading here that it was a diver they rented gear to.

 

[boulderjohn]

I was addressing that you said "For just one example, we keep talking about the instructor/student relationship between the principle characters, but we are never shown any evidence that such a relationship existed on that dive. ".
Well, you had provided evidence earlier in the thread the actual instructor establishing that she considered them her students on that dive.
No big deal, just seems you forgot.
I have seen lots of assertions it was an AOW course, no idea what the dive was supposed to be skill wise towards what AOW dive. That is a question in my mind as well.

I assume you are talking about your quote of a post I made earlier about her FaceBook quote contradicting the complaint. It does. What is your point? That is actually evidence that she believed she was not doing an instructional dive.

That was also very early in the discussion before fully realized what is missing in the complaint.

 

[cerich]

I would assume that in this case, the attorney would be doing everything he can to prove there was an instructor/student relationship. The fact that he is instead relying on people like you to make assumptions is surprising.

That is quite the allegation, you have anything to back it up?

If you don't, are you projecting because are doing the other side in some manner? (Honestly asking, not an accusation)

 

[cerich]

I assume you are talking about your quote of a post I made earlier about her FaceBook quote contradicting the complaint. It does. What is your point? That is actually evidence that she believed she was not doing an instructional dive.

That was also very early in the discussion before fully realized what is missing in the complaint.

she called them her students.. come on, you are far too educated to play that "can't comprehend" game

 

[boulderjohn]

I am curious when the regional rep was told about the previous issue. The email doesn't say that of course.
My gut tells me it was known before the death

Yes, and you keep repeating what your gut tells you instead of what the complaint tells you. If it had happened before the incident, don't you think the attorney would have mentioned that? If it happened before the incident, why are the attorneys in the case cited above asserting that PADI was not notified before the incident?

 

[boulderjohn]

That is quite the allegation, you have anything to back it up?

If you don't, are you projecting because are doing the other side in some manner? (Honestly asking, not an accusation)

Do I have anything to back up the allegation that the attorney has not provide any concrete evidence? Yes. He did not provide an concrete evidence. What more am I supposed to do?

 

[cerich]

Yes, and you keep repeating what your gut tells you instead of what the complaint tells you. If it had happened before the incident, don't you think the attorney would have mentioned that? If it happened before the incident, why are the attorneys in the case cited above asserting that PADI was not notified before the incident?

I am guessing here, the lawyer got the email in discovery, maybe they haven't dug into it yet to find out when the rep became aware?/

My gut may be wrong here, take my bet, I'm good for it

 

[cerich]

Do I have anything to back up the allegation that the attorney has not provide any concrete evidence? Yes. He did not provide an concrete evidence. What more am I supposed to do?

Sorry, should have quoted better. My questions are in context of your second sentence that I quoted

 

[formernuke]

It doesn't matter which dive it was if you are taking a photography class and show up with unsafe equipment the instructor has a obligation to say no we are not doing this.

Now if it is shown that she was not in a class that's different but the complaint clearly states she was in a class.