DSD Fatality suit. Brooks v. PADI

[dewdropsonrosa]

I imagine that it depends on the context. A lawsuit for breach of contract (e.g., vendor non-payment) would likely proceed as a conventional complaint.

The key ingredient here that seems to make it a maritime claim is covered in ¶1(a-c), because the events described occurred in eligible waters.

 

[Lorenzoid]

The key ingredient here that seems to make it a maritime claim is covered in ¶1(a-c), because the events described occurred in eligible waters.

I guess the plaintiffs just got lucky, so to speak, that it occurred in Hawaii. I would guess most actions against PADI arise from events in foreign countries.

 

[dewdropsonrosa]

Suing in an international venue is a completely different can of worms and I'm not touching it with a ten-foot reef hook.

 

[Lorenzoid]

Suing in an international venue is a completely different can of worms and I'm not touching it with a ten-foot reef stick.

No, I meant they are usually sued in the U.S.--PADI seemingly gets sued every time some American is injured diving abroad--but I doubt it's under the same--maritime--jurisdictional statute as in this case. I didn't think those lawsuits would even be in federal court.

 

[dewdropsonrosa]

Federal court can be the venue if it's a federal question (maritime law is, as are many other issues) or if there's a diversity issue (the parties belong to more than one U.S. state jurisdiction).

 

[Cert1967]

There is a plot to this case and the related Hawaii case. Chapter after chapter there will be meat on the bones of the case.

PADI says nothing to look at in California - throw it out.
or
PADI wants a trip to Hawaii

Reading a complaint in isolation - might be a problem.

 

[flyingron]

Federal courts don't tolerate have two suits going at the same time. At the minimum, one will be suspended while the other plays out. Most likely one or both will be dismissed.

 

[wetb4igetinthewater]

Are there any PADI instructors here who were instructors at the time of the alleged changes in the DSD program speak up about the claims of the change in the program? I found that piece interesting, but I cannot accept claims by a plaintiff as gospel.

 

[Lorenzoid]

Federal court can be the venue if it's a federal question (maritime law is, as are many other issues) or if there's a diversity issue (the parties belong to more than one U.S. state jurisdiction).

Thanks, I had forgotten that from Civil Procedure class. <sarcasm>

 

[Scubagolf]

I just skimmed it, but I see it was filed in federal court, based on maritime jurisdiction. Is that how people typically sue PADI in such cases? Interesting.

PADI is sued in both state and federal courts. There is concurrent jurisdiction in Maritime law cases, meaning you can file in either state or federal court. As an out of state plaintiff you would probably not want your case to be in Hawaii state court where jurors will tend to be less protective of vacationers from the mainland than they are of the local dive operator defendants.

The plaintiffs’ attorney in this case may not be a diver, but he is a very experienced Maritime law specialist.