I like the fact that his float off caused him not just PTSD but was responsible for his skin cancer as well. What jury of idiots believes that a five hour exposure causes that? UFB. Too bad they can screen almost anyone with common sense or a basic knowledge of the issues from the jury pool on the selection strikes.
The guy hosed up on his dive and that was the basic cause of the problem, then he just gave up on trying to make the boat after the mistake. Bad diver count just compounded it and this is what turned it on the dive operator. If the crew had made the count properly and known the idiot was missing at first dive, then no suit; even if he had never been found.
I never leave the site without doing the count and making sure I have them all and they look OK. Easier with just six, but have done it with 20+ in the past. I still use a dive log on which I record not just the times in and out but the sea conditions including the set and drift. Lessons all learned the hard way that it is something you should make a point of documenting.
Big lesson of this post is to not think bad things cannot happen on your boat. If you run dive trips enough you will have drift offs caused by divers like this guy, Worse yet they make some mistake, then panic, injure or kill themselves leaving you to clean up the mess. Best to have a plan ahead of time so that when it does happen you can go on autopilot and take good actions. That little bit of planning and preparation might just keep you out of the hot water later.
Also I will try and remember this guys name since he will have plenty of money to go diving again - I don't want him on my boat...