Criminally negligent homicide?/Scuba Instructor Faces Charges (merged threads)

[TideDiver]

I'm not sure if this has been posted yet as I just skimmed thru the thread, but the civil suit was filed yesterday against Allison (instructor) and the agency that issued her instructor certification. More details have come to light and they match the information I was given by another instructor in here in town. I think the main issue here is Allison was at the other end of the olympic sized poll here at UA and she was allowing students to practice this drill unsupervised or only supervised by student assistants at the other end. The question of ratio does come into play as the class did have 20 students and only one instructor was present. Her husband was the main instructor for the class but was not in attendance when the accident occured. See Article below:

UA student's parent files suit over death
By Stephanie Taylor Staff Writer
Published: Thursday, July 31, 2008 at 3:30 a.m.
Last Modified: Wednesday, July 30, 2008 at 10:45 p.m.
TUSCALOOSA | The father of a University of Alabama student who died in a scuba class last year has filed a wrongful death suit against the instructor of the class, claiming she was providing private instruction to someone who wasn't a member of the class at the time.


Christopher Moore, father of 21-year-old Zachary Moore, filed a wrongful death lawsuit against instructor Allison Gibson and the agency that issued her scuba certification last Wednesday.

The civil suit, filed in Tuscaloosa County Circuit Court, claims that Gibson was at the opposite end of the Olympic-sized pool giving a private lesson to someone who was not enrolled in the university or the class. The suit claims that Gibson had two assistants who weren't properly trained or certified to supervise the drills the students were practicing in class that day. The lawsuit does not mention the university.

Gibson also faces a misdemeanor charge of criminally negligent homicide in Zachary Moore's death after a grand jury reviewed the evidence and handed down an indictment in June. She turned herself into police on Friday and was released from jail on $5,000 bail.

The suit claims that Scuba Schools International, the Denver-based certification agency that certified Gibson to teach classes, didn't adequately train Gibson to respond to the medical emergency.

The class had approximately 20 students who were taking part in what's known as a 'doff and don' exercise. Divers remove their equipment, descend to the bottom of the 18-foot pool, recover their gear and ascend back to the surface while breathing compressed air.

The medical examiner said that Moore ascended too quickly, causing his lungs to overexpand.

Scuba Schools International standards state that the maximum number of students for deep water training is eight to one, which can increase to 10 to two with a certified assistant or 12 to three with two certified assistants. The lawsuit states that the two assistants in class that day had only received Open Water Diver certification, not the Dive Control Specialist or Certified Assistant certifications required.

'The Moore family very much appreciates the media's interest in Zach and his life, but has no further comment at this time,' said Mobile attorney Robert Mitchell.

Wayne Williams, the attorney representing Gibson in the criminal charge, did not return a call on Wednesday.

 

[PhilEllis]

I'm not sure if this has been posted yet as I just skimmed thru the thread, but the civil suit was filed yesterday against Allison (instructor) and the agency that issued her instructor certification. More details have come to light and they match the information I was given by another instructor in here in town. I think the main issue here is Allison was at the other end of the olympic sized poll here at UA and she was allowing students to practice this drill unsupervised or only supervised by student assistants at the other end. The question of ratio does come into play as the class did have 20 students and only one instructor was present. Her husband was the main instructor for the class but was not in attendance when the accident occured. See Article below:

UA student's parent files suit over death
By Stephanie Taylor Staff Writer
Published: Thursday, July 31, 2008 at 3:30 a.m.
Last Modified: Wednesday, July 30, 2008 at 10:45 p.m.
TUSCALOOSA | The father of a University of Alabama student who died in a scuba class last year has filed a wrongful death suit against the instructor of the class, claiming she was providing private instruction to someone who wasn't a member of the class at the time.


Christopher Moore, father of 21-year-old Zachary Moore, filed a wrongful death lawsuit against instructor Allison Gibson and the agency that issued her scuba certification last Wednesday.

The civil suit, filed in Tuscaloosa County Circuit Court, claims that Gibson was at the opposite end of the Olympic-sized pool giving a private lesson to someone who was not enrolled in the university or the class. The suit claims that Gibson had two assistants who weren't properly trained or certified to supervise the drills the students were practicing in class that day. The lawsuit does not mention the university.

Gibson also faces a misdemeanor charge of criminally negligent homicide in Zachary Moore's death after a grand jury reviewed the evidence and handed down an indictment in June. She turned herself into police on Friday and was released from jail on $5,000 bail.

The suit claims that Scuba Schools International, the Denver-based certification agency that certified Gibson to teach classes, didn't adequately train Gibson to respond to the medical emergency.

The class had approximately 20 students who were taking part in what's known as a 'doff and don' exercise. Divers remove their equipment, descend to the bottom of the 18-foot pool, recover their gear and ascend back to the surface while breathing compressed air.

The medical examiner said that Moore ascended too quickly, causing his lungs to overexpand.

Scuba Schools International standards state that the maximum number of students for deep water training is eight to one, which can increase to 10 to two with a certified assistant or 12 to three with two certified assistants. The lawsuit states that the two assistants in class that day had only received Open Water Diver certification, not the Dive Control Specialist or Certified Assistant certifications required.

'The Moore family very much appreciates the media's interest in Zach and his life, but has no further comment at this time,' said Mobile attorney Robert Mitchell.

Wayne Williams, the attorney representing Gibson in the criminal charge, did not return a call on Wednesday.

If the set of circumstances are those, and only those, outlined by the civil suit....I think the true bill indictment in the criminal charge may well be a stretch. Remember, the University of Alabama, including their employees and contractors, is under NO OBLIGATION (to my knowledge) to follow the teaching standards of a recreational scuba diving certification agency. The University is free to ordain their own professors, using whatever standards they establish. They are likewise free to determine the characteristics and skills of a "certified assistant". If the actions of the instructor are allowed by the University, and absent some other negligence, the criminal charges may well be overreaching. As I have said previously, I have seen some really stupid and irresponsible instructor actions...some that resulted in civil suits. I have not seen criminal prosecutions. Anyway, just my opinion.

Phil Ellis

 

[fisherdvm]

The father of a University of Alabama student who died in a scuba class last year has filed a wrongful death suit against the instructor of the class, claiming she was providing private instruction to someone who wasn't a member of the class at the time. .... claims that Gibson was at the opposite end of the Olympic-sized pool giving a private lesson to someone who was not enrolled in the university or the class.

From that stand point, it does seems like criminal negligent, and why the university was not named in the lawsuit. To stretch it further and blame SSI is simply trying to reach into a deeper pocket.

 

[scubajcf]

A definite tragedy. Very sorry for the family, dive professionals, school and everyone else connected to the incident.

On the surface, the criminal indictment looks a bit optimistic. The defendent's lawyer says they have a defense (which I am sure they do). I am curious as to which action in the class are they (prosecuting attorneys) considering criminal:

1. Supervision
2. Skill Level
3. Certification of the Instructor and Supervisors

I have never seen a criminal indictment based on failure to supervise. I am not a criminal lawyer, but I would assume there would need to be, although not necessarily a requirement, for mens rea (latin for guilty mind).

Instructors and agencies alike should watch this caseclosely. This case could be precedent setting and change the way we do business moving forward. More importantly, as a self regulating industry, cases like this cause additional legistlation and perhaps even governmental regulation.

Can't wait to hear the full details of the case. Has anyone seen a copy of the indictment?

 

[fisherdvm]

I am not sure if this contributes to the discussion or not. Last year, some father in Michigan was charged with negligent homicide for allowing his children to race around the block in golf carts. One of them lost control, and killed an elderly woman on the sidewalk.

Failure to supervise unqualified driver, can be equated to failure to supervise students? I think naming SSI in the suit is a little far-fetched. Perhaps they wanted SSI to be their expert witness without having to pay a fair fee?

I guess if it were my son who drowned in the pool, and knowing that the instructor was providing private instruction for someone else who does not even belong to the class or university - would make me want to sue also.

 

[AEIOU]

SSI has no limit for students to instructor in the pool. Only in open water is it 8 to 1.

 

[John_B]

Unless she is independently wealthy, that wrongful death suit isn't going to accomplish much.

Also, I don't know you adequately "respond to the medical emergency" for a lung overexpansion injury. How many people actually survive burst lung sacs? I know they do chamber rides but it always seems like every AGE victim I've ever read about doesn't make it. Anyone have any medical insight?

 

[Jim Lapenta]

I personally know one who made it. She's had some tough going but she's alive and a good friend. Look up the TEKDIVEGIRL forum here and read thru it. But you are correct as far as field treatment. Call 911 and start O2.

 

[Lead_carrier]

.............
Scuba Schools International standards state that the maximum number of students for deep water training is eight to one, which can increase to 10 to two with a certified assistant or 12 to three with two certified assistants. The lawsuit states that the two assistants in class that day had only received Open Water Diver certification, not the Dive Control Specialist or Certified Assistant certifications required. ...

Actually the standards quote different.. (Bold type is mine just to highlight)

Page 1 of General Training standards.

13. The maximum allowed student-to-Instructor
ratio for open water training is provided in each
course standard. The student-to-Instructor ratio
for classroom and pool activities is set by the
individual Instructor, based on the ability of the
Instructor to deal effectively with student needs.
Whenever possible, additional Instructors or
Certified Assistants should be used during the
training. If open water diving conditions dictate
decreasing the student-to-Instructor or ratio below
the maximum allowed, then active Certified
Assistants may be used, or the Instructor may
conduct open water training with only part of the
class on each dive.

The 8-1 ratio, the way I read it, is only required on training dives. I'm not saying it's right or wrong. Only that this if from the 2007 Training standards book.

 

[offthewall1]

To stretch it further and blame SSI is simply trying to reach into a deeper pocket.

I believe it is quite possible SSI has been negligent. If not specifically in this incident, then in other potential incidents which may or may not have yet occurred. SSI has received reports of Dive Shops and their Instructors (and moreso dive shop owners) not following standards and procideures and has failed to act on them. Not only has SSI (former management) failed to act, they have treated those who have given written indictments of standards violations a cold shoulder.

It would be interesting to know - and hopefully this may eventually come out - as to whether or not standards violations have previously been reported regarding this Instructor and or her facility. My experience with college programs indicates that colleges have little knowledge of what goes on in their pools as it relates to college scuba programs.

Locally, there is an outfit that routinely teaches college scuba classes using tanks that are 15 years out of Hydro, gauges that are stuck on zero and BCD's with leaks. This has gone on for years as there is absolutely no oversight coming from the college administration.

Without government intervention there is little that can be done. Someone else hit it on the head earlier when they said that NEW SCUBA STUDENTS have nothing to compare against when they choose a dive center to certify them. In essence, most everyone who walks into a scuba shop is at the mercy of the shop... when it comes to gear quality, gear pricing and the quality and safety of their training standards and programs.

We have adopted very strict training standards and procedures. The incident at hand here seems to indicate some level of negligence based on the facts presented. Whether that level of negligence justifies a criminal charge or not is for the lawyers to decide... but I personally don't see it being justifiedi. The fact of the matter is that even had she been there with him while he did the skill... the outcome could possibly have been the same.

In other words... if he held his breath... she would have had to either grab him and stop his ascent to the surface or punch him in the stomach to make him release the air. From time to time we have to do these things to our students... so yes, she may have been able to save him... but even in her best effort he could have slipped from her grasp and made it to the surface. Had she been there to try to stop him and failed... she would likely still be sued for being negligent. The fact is that people are money hungry and may sue you for anything regardless of the situation.

I feel the suit is frivoulous. It is tragic that Zach died and my sincere condolences go to the family... but Zach died doing something he wanted to do... and if the fact is established that Zach was told by the Instructor how to properly execute the skill... and he then failed to execute it properly - the only person who was negligent was Zach. If the Instructor did not teach Zach the proper method for doing the skill... such as telling Zach to hold his breath on the way to the surface... then the Instructor was negligent.

The Instructor seemingly was negligent for having unqualified assistants supervising a skill which by standards must be taught and Supervised by an Instructor. I don't think criminal intent can be proven here.... but there is a case for negligence and enough fodder for the lawsuit. I think that the parent should drop the lawsuit and request that the criminal charges be dropped. One life has already been lost and if it were my son, I'd seek nothing more than that the Instructor be stripped of their teaching credentials and sign documents stating she would never again teach SCUBA.

My prayers go out to all of those involved as the road ahead is a hard one.