Crew member sues Conception

[wetb4igetinthewater]

Charterer is a very specific and legal term. Worldwide did not meet the definition, you can look it up easily if you like. I would refer to Worldwide as a travel agent. When a vessel is chartered, the owner does not have a representative onboard. Although the common term for what worldwide was is charterer, it’s like calling all copying machines a Xerox. Worldwide was not the charterer.

I figured as much. Thanks for clarifying.

So then, if I understand correctly, the burden to ensure a constant watchman was Truth Aquatics.

 

[Wookie]

On the Master, Truth Aquatics, and the Fritzler Family Trust. Not on Worldwide, although they likely have a large insurance policy, so someone who doesn’t understand regulations would think they might be a charterer.

 

[Cert1967]

10/15/2019 Notice of Stay of Proceedings - Case (per Order Restraining all Suits and Directing Monition to Issue, Central District Case no. CV 19-7693 PA MRWx) filed by Truth Aquatics Inc; Glen Fritzler an individual and Trustee of The Fritzler Family Trust DTD July 7 1992 on 10/15/2019.


Case Information
Case Number: 56-2019-00533160-CU-PO-VTA
Case Title: Sims v Truth Aquatics Inc
Case Category: Civil - Unlimited
Filed Date: 9/12/2019
Case Type: PI/PD/WD - Other
Case Status: All Proceedings Stayed
Location: Ventura
Participants
Name Filing Document Role Attorney Filed By
Glen Fritzler an individual and Trustee of The Fritzler Family Trust DTD July 7 1992 Complaint Defendant Sims, Ryan
Sims, Ryan Complaint Plaintiff Christensen, Roland T Sims, Ryan
Truth Aquatics Inc Complaint Defendant Sims, Ryan
Worldwide Diving Adventures LLC Complaint Defendant Sims, Ryan
Past Events
No past event information found

Future Events
Event Type Description Event Status Event Date Event Time Location Department
MANDATORY APPEARANCE CMC/Order to Show Cause Re Sanctions/Dismissal for Failure to File Proof of Service/Default VACATED 2/19/2020 8:15 AM Ventura 22B
Register of Actions
ROA # Entry Date Entry
6 10/15/2019 MANDATORY APPEARANCE CMC/Order to Show Cause Re Sanctions/Dismissal for Failure to File Proof of Service/Default - scheduled for 02/19/2020 at 08:15:00 AM in 22B was vacated.
5 10/15/2019 Notice of Stay of Proceedings - Case (per Order Restraining all Suits and Directing Monition to Issue, Central District Case no. CV 19-7693 PA MRWx) filed by Truth Aquatics Inc; Glen Fritzler an individual and Trustee of The Fritzler Family Trust DTD July 7 1992 on 10/15/2019.
4 9/13/2019 MANDATORY APPEARANCE CMC/Order to Show Cause Re Sanctions/Dismissal for Failure to File Proof of Service/Default - scheduled for 02/19/2020 at 08:15:00 AM in 22B at Ventura.
3 9/12/2019 Case assigned to Department 20.
2 9/12/2019 Civil Case Cover Sheet filed by Sims, Ryan on 09/12/2019.
1 9/12/2019 Complaint filed by Sims, Ryan on 09/12/2019.
Filed By: Sims, Ryan(Plaintiff)
Refers To: Truth Aquatics Inc(Defendant) | Worldwide Diving Adventures LLC(Defendant) | Glen Fritzler an individual and Trustee of The Fritzler Family Trust DTD July 7 1992(Defendant)

 

[JohnnyC]

10/15/2019 Notice of Stay of Proceedings - Case (per Order Restraining all Suits and Directing Monition to Issue, Central District Case no. CV 19-7693 PA MRWx) filed by Truth Aquatics Inc; Glen Fritzler an individual and Trustee of The Fritzler Family Trust DTD July 7 1992 on 10/15/2019.


Case Information
Case Number: 56-2019-00533160-CU-PO-VTA
Case Title: Sims v Truth Aquatics Inc
Case Category: Civil - Unlimited
Filed Date: 9/12/2019
Case Type: PI/PD/WD - Other
Case Status: All Proceedings Stayed
Location: Ventura
Participants
Name Filing Document Role Attorney Filed By
Glen Fritzler an individual and Trustee of The Fritzler Family Trust DTD July 7 1992 Complaint Defendant Sims, Ryan
Sims, Ryan Complaint Plaintiff Christensen, Roland T Sims, Ryan
Truth Aquatics Inc Complaint Defendant Sims, Ryan
Worldwide Diving Adventures LLC Complaint Defendant Sims, Ryan
Past Events
No past event information found

Future Events
Event Type Description Event Status Event Date Event Time Location Department
MANDATORY APPEARANCE CMC/Order to Show Cause Re Sanctions/Dismissal for Failure to File Proof of Service/Default VACATED 2/19/2020 8:15 AM Ventura 22B
Register of Actions
ROA # Entry Date Entry
6 10/15/2019 MANDATORY APPEARANCE CMC/Order to Show Cause Re Sanctions/Dismissal for Failure to File Proof of Service/Default - scheduled for 02/19/2020 at 08:15:00 AM in 22B was vacated.
5 10/15/2019 Notice of Stay of Proceedings - Case (per Order Restraining all Suits and Directing Monition to Issue, Central District Case no. CV 19-7693 PA MRWx) filed by Truth Aquatics Inc; Glen Fritzler an individual and Trustee of The Fritzler Family Trust DTD July 7 1992 on 10/15/2019.
4 9/13/2019 MANDATORY APPEARANCE CMC/Order to Show Cause Re Sanctions/Dismissal for Failure to File Proof of Service/Default - scheduled for 02/19/2020 at 08:15:00 AM in 22B at Ventura.
3 9/12/2019 Case assigned to Department 20.
2 9/12/2019 Civil Case Cover Sheet filed by Sims, Ryan on 09/12/2019.
1 9/12/2019 Complaint filed by Sims, Ryan on 09/12/2019.
Filed By: Sims, Ryan(Plaintiff)
Refers To: Truth Aquatics Inc(Defendant) | Worldwide Diving Adventures LLC(Defendant) | Glen Fritzler an individual and Trustee of The Fritzler Family Trust DTD July 7 1992(Defendant)

For those of us that don't speak legalese, or the implications of staying the case, how about a little explanation of what this potentially means other than simply a pause in proceedings?

 

[Esprise Me]

Looks like two things happened. First, the plaintiff neglected to file a proof of service document with the court, which triggered the setting of an Order to Show Cause hearing at which the case could have been dismissed if they didn't fix that. But they did, so the OSC was vacated. But in the meantime, the defendant filed for a stay of the proceedings based on a pending federal case, which might be that maritime suit the defendant filed to limit their liability to the value of the charred remains of the boat. Federal court trumps state court where there are overlapping issues, so this suit can't go forward until the federal case is decided. I'd have to get a Pacer account to figure out if that is in fact the federal case that's pending.

 

[Esprise Me]

Looks like it is indeed that federal case. Another SBer, who apparently has PACER access, has posted the relevant documents here: Truth Aquatics - CASE 2:19-cv-07693 COMPLAINT EXONERATION OF LIABILITY

So basically, it looks like this guy will have to refile in federal court, and there may not be much point in trying.

 

[NAM001]

This appears to be the original complaint: https://www.google.com/url?sa=t&sou...FjATegQIARAB&usg=AOvVaw2AhNRFiKEruMXXBfBHrj3h

I'm not surprised he's suing given the injuries he sustained. I doubt someone in his line of work has adequate resources to cover those medical expenses plus lost wages while he recovers. I've often wondered how many fewer tort claims would be filed if we had universal healthcare and disability insurance. If everyone pushing for tort reform pushed equally hard for those things, maybe we'd find out. But I guess that's neither here nor there.

I dont think social health care has anything to do with it. If so and teh system existed to cover all the damages , It is human nature to say why did I not get anything out of it and will sue to get something for anything. Use to be that you sued for medical expenses and personal damage. you showed a receipt and and you go that in a settlement. That is until someone found a way to get settlements to be paid in their direction via emotional stress claims. People will sue for unsubstantiated losses. You cant measure loss of life. you can measure predictable loss of income and support. to loose a breadwinner and say you want 10 million in damages is rediculous because the decesed would never ever have made 10 million. The court system has been used as a punishment tool and quite often in manors to obtain profeit for the loss. I remember Fla years ago with court backlogs of years changing the law to say that plaintiffs were no longer entitled to punitive damages because it was not their job to punish but to recover provable loss for the client. If i remember the law ,,, it said that 90% of all punitive awards sought would become property of the state, as the state was the one to assign punitive measures and not the plaintiffs. .As result the backlog dissappeared becasue there was no longer a tool for profeit from court punitive awards. They also found that cases would be settled outside of the court room at the parties expense and not the state. So they could go to court for 100k loss and 10 percent of a million punitive or take a settlement for 100k damages and something equal to more than the desired 10% and call it quits.

I have always been a believer that it is wrong to say a person is worth a million bucks when they themselves would not insure that person for ore than 50k or burial expenses. if the family said that the person is worth burial expenses then why should a court give a million to them. A law suit should not be a substitute for self insurance.

 

[Ministryofgiraffes]

, It is human nature to say why did I not get anything out of it and will sue to get something for anything. Use to be that you sued for medical expenses and personal damage. you showed a receipt and and you go that in a settlement. That is until someone found a way to get settlements to be paid in their direction via emotional stress claims. People will sue for unsubstantiated losses.
.

*ahem.... ‘American’ human nature... although I must concede that it is a trend that is becoming more prevalent elsewhere as ambulance chasers see an opportunity to push for fees..

 

[Jcp2]

30 year old making 200k dies. Extrapolating to age 65, that is 7 million in potential lost income. Since a lawsuit typically takes one third of fees in contingency, then a gross up to 10 million would make estate whole.

 

[Esprise Me]

American human nature, eh? Something in the water here that warps our DNA? ;-)