"Drifting Dan" Carlock wins $1.68 million after being left at sea

[Scott L]

I agree with Sting, diving is not a risk free activity. Being injured by the sea life is an inherent risk. The bends are an inherent risk. I just don't see that being left behind is an inherent risk.

As for Dan's emotional distress, I am quite sure that defense counsel did his best to try to persuade the jury that Dan's fear of dying arose only after he was rescued and decided to sue or in the alternative that he was so distraught during the time he was adrift "on his own time" that the incremental distress after that was negligible. Apparently the jury believed otherwise. But, whatever the case, I think the figure is very high.

It was an inexcusable act by the crew and they should be held responsible for reasonable damages. In that the case has dragged on for years it is no great surprise that the Plaintiff's counsel refused lesser settlement offers. Thankfully, we will all benefit by the press exposure with greater emphasis placed on proper roll calls...

 

[iztok]

There were "about 20 other divers", according to this news story:

Diver Tells of Being Stranded off Newport Beach by Diving Vessel Crew - Beverly Hills Courier, Beverly Hills Newspaper

Hw also states he is devout Catholic. Will he also sue God for allowing this to happen?

 

[GrumpyOldGuy]

Hw also states he is devout Catholic. Will he also sue God for allowing this to happen?

No. Any fool knows there are no lawyers in heaven

 

[ReefHound]

Yeah. Sure you would. People keep saying that. Would you do it if you had to spend the entire time assuming you were not going to be rescued, and were going to die a horrible death floating alone in the ocean? Yeah. Uh huh. Didn't think so.

And even if you say you would, sorry - not buying it.

Thal also mentioned this. Problem is, the lawsuit wasn't filed when he was out there floating around, it was filed long after he was safe and sound when the outcome was already determined. A better question would be if something traumatic happened to you and then later you were compensated a million bucks or so, how would you feel?

 

[iztok]

No. Any fool knows there are no lawyers in heaven

Well the lawsuit would be filed here on Earth defendant certainly should be easy to serve and appear in court.

 

[ReefHound]

But, now I ask: If someone answered for Dan at the first roll call, how is the DM or anyone other than the one who answered, at fault? For there to be liability, the jury must have disbelieved the testimony that someone answered. The jury has an absolute right to disbelieve anyone or anything. So, the answer is the jury did not believe that anyone answered for Dan.

I disagree. Like me, they may have felt the roll call procedure was inadequate.

I haven't been on this boat or seen it's roll call but I've seen plenty of other boats and role call procedures where this could have happened. Roll calls are usually not done in a nice and quiet setting. The boat is crowded and noisy, people are chatting about their dives, people are breaking down or setting up gear, the engines may be revving up as the boat moves, half the people aren't paying attention, those on the far side may not even see who is calling out names or barely make them out. Did he say Dan or Jan or Ann? People like to get cutesie and answer other than Here, maybe Aqui or Yowsa or Yo. When the DM called out Dan maybe someone in the back said I Can't Hear! and the DM heard Here. Throw in complacency from having done hundreds of roll calls and never having anyone missing.

I've also seen boats and role call procedures where this could NOT have happened. On the Spree for example, divers are logged in by beginning dive time as they enter and logged out by ending dive time and max depth as they exit. It is on a big marker board that other crew can see. On top of that, a crew member, often the captain, comes around to each diver for a wellness check, a look in your eyes face to face direct question to the effect of How Do You Feel? No possibility of someone answering for somebody else.

 

[ItsBruce]

Thal also mentioned this. Problem is, the lawsuit wasn't filed when he was out there floating around, it was filed long after he was safe and sound when the outcome was already determined. A better question would be if something traumatic happened to you and then later you were compensated a million bucks or so, how would you feel?

Nothing will take away the emotional distress. However, in a civilized society, the only feasible way of compensating someone who has sustained an injury, whether physical or emotional, is to give them money. Surely no one would propose to throw the DM into the ocean and let him drift about wondering if he was going to die. While one might argue that he deserved it, in a civilized society, that is not practical. And, if the victim isn't compensated on the premise that nothing will cure the injury, then it will devolve into simple revenge extracted by the victim.

I will note that it is somewhat odd that had Dan died, the damages would probably have been significantly less.

 

[Zippsy]

Nothing will take away the emotional distress. However, in a civilized society, the only feasible way of compensating someone who has sustained an injury, whether physical or emotional, is to give them money. Surely no one would propose to throw the DM into the ocean and let him drift about wondering if he was going to die. While one might argue that he deserved it, in a civilized society, that is not practical. And, if the victim isn't compensated on the premise that nothing will cure the injury, then it will devolve into simple revenge extracted by the victim.

Agreed. But $1.68million? I mean, really? Really?

 

[LeadTurn_SD]

The award is too high. Dan did not die. We can argue about skin cancer, PTSD, etc., etc.

What if Dan had died?

There are a whole lot of "Woulda, Coulda, Shoulda's" regarding Dan's actions, the DM, and the captain.

My feeling is still this: Despite Dan's failings as a diver on that dive, and despite what seems like a very high award, the boat should not have moved without accounting for all embarked passengers.

I understand the captain was "screwed" by DM. So be it. He was captian, that is what happens to captains, and he was ultimately responsible for all passengers and crew on his vessel. I understand he surrendered his license. Had he not surrendered it, it should have been pulled by the Coast Guard. I say this as an ex-Merchant Marine Deck Officer. It was his boat, and he should have made sure the DM was doing his job correctly.

The DM should for sure have his certification pulled, and should face additional punitive penalties. The DM was grossly negligent.

Any school child can tell you the proper way to conduct a roll call, it is verbal and visual! You put a face with the name, always. To have screwed this up twice goes beyond carelessness.

It is really sad for both the captain and DM, because I'm sure they are great people; but they assumed a level of responsibilty that can't be erased by any of Dan's mistakes.

Best wishes.

 

[Tricia]

On top of that, a crew member, often the captain, comes around to each diver for a wellness check, a look in your eyes face to face direct question to the effect of How Do You Feel? No possibility of someone answering for somebody else.

An interesting procedure - I don't think I've ever seen anyone doing a wellness check. A really good idea and it reinforces checking that everyone is back on board.

And a Thanks to Mike Boswell re the number of divers - don't know why, but my "Thanks" button isn't working. (I guess I thanked too many people for their input?)

Trish