Filmmaker Rob Stewart's family files wrongful death lawsuit

[cathal]

If it were a commercial dive, with OSHA therefore controlling, where was the on-site chamber?

Great question tursiops, the answer to this will be found in the upcoming litigation .

this will be sorted out by the court , being paid , not being paid , you CANT take off the instructor hat ...that was said on my it course in 2000 by peter meyer (insurance expert )

Not to disagree but this was a commercial diving operation. Recreational or Technical diving policies do not apply in commercial diving. The legislation previously referred to would be the statutory framework around which the contract should have been framed.

 

[Wookie]

this will be sorted out by the court , being paid , not being paid , you CANT take off the instructor hat ...that was said on my it course in 2000 by peter meyer (insurance expert )

Peter happens to be the insurance guy in question.

 

[2charliediver]

I posted this on a similar threat but thought those here might be interested:

Well this is getting interesting. It appears the lawyers for Horizon have now pointed the finger at the dive equipment and the rebreather. As I recall, Stewart made it to the surface with his dive gear on all three dives, correct? This is from the Federal Admiralty Court filings:

"As and for a third affirmative defense or defense, Petitioner would assert that persons or entities not presently a party to this action over whom Petitioner had no control, contributed in whole or in part to the loss and damages complained of, thus requiring the apportionment of damages according to the degree of fault of said non-parties. Petitioner is liable only for its proportionate share of the negligence, if any, that caused or contributed to the incident in question to the extent that Petitioner is not exonerated as to the cause of the loss or entitled to limit its liability as to the cause of the loss. Those other persons and entities are: ADD HELIUM, LLC., CLAUDIA SOTIS and the manufacturers of the equipment used by the decedent including but not limited to the manufacturer of the involved rebreather."

 

[tridacna]

Sue everyone. You hope that those with deep pickets have a share of the liability. What’s new?

 

[mdb]

Sue everyone. You hope that those with deep pickets have a share of the liability. What’s new?

The ambulance chasers will sue everyone; counting on the fact that the insurance companies'
will settle out of court.

The lawyers will take there 33.3%. The plaintiff will get some settlement money.

Next case.

 

[Wookie]

The ambulance chasers will sue everyone; counting on the fact that the insurance companies'
will settle out of court.

The lawyers will take there 33.3%. The plaintiff will get some settlement money.

Next case.

And that's how Horizon's lawyer works.

 

[The Chairman]

I don't think the parents are that worried about money. I think they just want justice. Taking money is the only justice they're going to have so they're pulling all the stops out. I can't blame them.

 

[tridacna]

The ambulance chasers will sue everyone; counting on the fact that the insurance companies'
will settle out of court.

The lawyers will take there 33.3%. The plaintiff will get some settlement money.

Next case.

Nah. Lawyers will do well...if they win. Not 33%.

 

[Wookie]

I don't think the parents are that worried about money. I think they just want justice. Taking money is the only justice they're going to have so they're pulling all the stops out. I can't blame them.

Lets look at who has money here.
Dan? Nope, he runs a dive shop
Sotis? Nope, dive shop owner again.
rEvo? (Mares, Head) Maybe, but their lawyer hasn't lost one yet.
IANTD? <giggle>
The underwriters at Lloyds? Sure, but I'ma guess that they will spend it all on their defense so none is left over.

So I guess that they will cause great stress to Dan, because he's a good guy.
Head/Mares? Not really, I'm sure it's part of doing business for a conglomerate.
IANTD? Maybe, but they've been stressed before.
Sotis? That dude has been through so much/is going through so much I don't know if he feels stress.

The Underwriters? This doesn't help anyone in the business....

 

[mdb]

Nah. Lawyers will do well...if they win. Not 33%.

"Some state statutes limit the percentage that a lawyer can take as a contingency fee. Most contingency fees are between 33 and 40%, but you can always try to negotiate a reduced or alternative agreement. In the majority of cases, a personal injury lawyer will receive 33.33% (or one third) of any settlement"

Just the way it is.

The insurance companies will settle, usually, rather than go to trial.