Diver missing at Ginnie?

[kensuf]

I'm not a constitutional law scholar, but I don't think that the Right to Petition in the First Amendment is what allows civil suits. Civil suits is more from common law, as noted by the Seventh Amendment under the Right of Jury Trail.

But was the IUCRR a defendant in the Wayne's World suit? I was told that the NSS-CDS was the defendant because they managed access to that site. Going on that, how would have keeping the report secret have prevented the IUCRR from being involved in the case?

Walter had to give up several days of his life because he was called in to give depositions and testimony several times. Time is money.

 

[DeepSea]

I'm not a constitutional law scholar, but I don't think that the Right to Petition in the First Amendment is what allows civil suits. Civil suits is more from common law, as noted by the Seventh Amendment under the Right of Jury Trail.

But was the IUCRR a defendant in the Wayne's World suit? I was told that the NSS-CDS was the defendant because they managed access to that site. Going on that, how would have keeping the report secret have prevented the IUCRR from being involved in the case?

CDS was the landowner.

I am not sure my diversion has added to the value of this thread. I am going to stop posting on this particular thought. PM if you care to know any more about that event.

 

[Manatee Diver]

Walter had to give up several days of his life because he was called in to give depositions and testimony several times. Time is money.

I understand that and read that between the lines. But would keeping the report secret have prevented that?

Just keeping the reports secret doesn't. The only way that I could see the IUCRR minimizing their volunteers involvement in civil suits would be to simply make no attempt at documentation, but even that is doubtful.

Purely IMHO the policy likely won't protect the IUCRR or its volunteers, and prevents real safety data from being released. Like CCR safety information from Tom's death last year, if you hadn't sent the information to a third party who released it, do you think that most people would've known about that? So I think the policy should seriously be reconsidered.

 

[Trace Malinowski]

It has been my experience, after being a recovery diver, being onsite during recoveries, handling decedents, writing reports, etc under the auspices of the IUCRR that some elements of reports are left out so as to avoid subjective information (narratives, etc.)

Yeah. After a report is filed it is supposed to be cleansed of names and anything but the facts, then it is supposed to be posted to the site and even IUCRR members may discuss it publicly.

 

[ofg-1]

Walter had to give up several days of his life because he was called in to give depositions and testimony several times. Time is money.

Ken, IUCRR member or not, report issued or not, one or more of the recovery divers would have been called for depositions in a wrongful death suit. It was just Walters turn in the barrel, and I doubt he was alone.

 

[DeepSea]

Walter had to give up several days of his life because he was called in to give depositions and testimony several times. Time is money.

This was NEVER a matter of "what" - we police our own community. It was a matter of "why", why the "extra -- Yessic's wife, Yessic's wife's attorney, etc." was required. That has all been hashed out and I apologize for dragging it up again and was not trying to beat a dead horse.

Again, I am not adding anything worthwhile to this discussion. Initially, I was just inaccurately responding to the statement - "fear of lawsuits is overblown"