Filmmaker Rob Stewart's family files wrongful death lawsuit

[Wookie]

I think the one "big" dive, or even two, per day common practice and conventional wisdom has been created by the logistics limitations of transporting enough open-circuit gas to the dive site. Somewhere along the way somebody has codified this in to more than two dives per day is an unacceptably high risk. I'm aware of some expedition liveaboard trips where if you told those guys they were limited to two dives per day there would have been a mutiny.

And sometimes they do one 6 hour or two 4 hour dives. I personally made a 250 foot dive and cleared deco on the way up. Who know it was 50 degrees on the Wilkes Barre on the bottom, and shorts and a rash guard was inadequate?

 

[kammel78]

I'm fairly ignorant of legal procedures, but does the way the lawsuit was written preclude Sotis from any fault due to his training or is his liability limited to his actions on the boat as an invitee only?

In other words, some on here have claimed that Sotis routinely recommended students violate the manufacturer's recommendation of using a gag strap. If using a gag strap may have prevented Stewart's death, would Sotis then be liable?

 

[mderrick]

In other words, some on here have claimed that Sotis routinely recommended students violate the manufacturer's of using a gag strap. If using a gag strap may have prevented Stewart's death, would Sotis then be liable?

The key word might be "recommended". I'm not defending a position, but I would observe that three related topics are going to have to be discussed as part of extended range CCR training: FFM, BOV, and gag strap. They are almost always recommended for recreational sport diving on CCR, although their adoption is very uneven. Yet, realistically they represent serious safety trade-offs in extended range. As an instructor, i discuss the trade-offs with the extended range student... but their configuration is their choice as long as they are making an informed and not obviously unsafe decision.

// Disclaimer: As a rule for initial CCR certification, I don't allow significant modifications to factory configurations. However, the IANTD standard for Trimix CCR instruction is not unit specific: the student is expected to have fully mastered the mechanics and functions of their own unit by the time they reach that level of instruction. Personally, I choose not to teach extended range students diving units I'm not also certified on, but that's not a requirement. //

If his instructor told him, "Do not use a gag strap" would be different than something like "I recommend you do not use a gag strap" or "You should make an informed decision about using a gag strap". Of course, we know students often emulate their instructor. There is also an assumption in this circumstance that a gag strap would have made any difference, which is unknown.

 

[RainPilot]

That's if the DSV was an issue. If it was a LOC for any reason the gag strap may have allowed him to keep breathing.

Whether that would have saved him is anyone's guess.

 

[Erich S]

Does anyone know what Robs certification level was?

 

[Johnoly]

...... My Shearwater has never displayed a "Too Many Dives Today" warning.... .

Agree,,,,I say never argue with what a computer says underwater...Save the argument for back on the boat. (ie HOW much deco, you gotta be kidding)

 

[abnfrog]

I cant believe cannon "outed " robs partner and friend that he also was a felon ..........just to say see peter's not a bad guy others have convictions too

 

[lionfish-eater]

The prior convictions are unrelated to this incident. My question is about the relationship between the two divers. Was it an instructor/student dive, was it a videographer and a support diver dive, was it two buddies out for a sunday dive, was it two solo divers diving off the same boat in the same ocean at the same time?

If the boat was chartered in advance, was Sotis also contracted in advance. Would Rob have made this dive without his instructor?

Did whatever incapacitated Sotis also affect Stewart on the surface? Is it possible that they were both diving the same type of rebreather, setup the same way, that failed or "ran dry" in a similar manner delayed by time due to differences in SAC.

Was this rebreather training rushed because either party had other obligations on their time? Was Sotis compensated for this trip? Were film credits promised as a form of compensation?

Should the boat mate have thrown a tag line/float into the water when they surfaced in distress? All questions that we may never know the answers to.

Why didn't they pull the hook at the end of their second dive, or move it to the sand so it could be winched aboard? Who set the hook and what was their plan for retrieval?

 

[Wookie]

Should the boat mate have thrown a tag line/float into the water when they surfaced in distress? All questions that we may never know the answers to.

As Boulderjohn would say, at this point all we have is speculation, and anything we make up is sure to be a surprise at the end of the day. But the answers to this question will come out in the Coast Guard investigation.

I'm really shocked at the timing of this lawsuit. It was filed before the rebreather report came back from NEDU. Now, that is a surprise because that report would note the presence or absence of the "gag strap". Which would open up a whole line of questions. Also, this is almost sure to go to trial in front of the Admiralty Law Judge, which is the Coast Guard version of a Star Chamber. If past findings of the ALJ in dive fatalities are any indication of what this one will look like, the boat operator is hung (sorry Dan). If the ALJ finds the vessel operator at fault, the civil trial would look very differently than it does now.

I don't know how lawyers work, but I can only speculate that they didn't go after the rebreather manufacturer because Concannon is on retainer to rEvo. One of the reasons I have him on retainer is because I never want to go up against him. Maybe council for the plaintiff feels the same way. After all, he has never lost a scuba case.

 

[mderrick]

I cant believe cannon "outed " robs partner and friend that he also was a felon ..........just to say see peter's not a bad guy others have convictions too

The "bad media" have recently taken to calling this the "whatabout" defense in the political arena. Apparently works in the court of public opinion, but does it work in a court of law?