Filmmaker Rob Stewart's family files wrongful death lawsuit

[uwxplorer]

Today's court filings are extra special. This is where the Coroner specifically forbade the Key Largo VFD from recovering the body, where the KLVFD acknowledged that they did have a dive rescue team (Water Emergency Team) before they disavowed the whole thing, and where the production company assigned safety divers to the production shoot but they weren't there. All except for the one who was having an emergency himself. Looks like the production company had acknowledged prior commercial diving violations but hadn't taken a lesson. But you can read for yourself.....

Edit. Exhibit 101 is lawyerly masturbation.

At least this clarifies the whole Fire Department Underwater Rescue Unit polemic which I had never quite understood until now.

What about this though: "upon information, nearly all the gasses provided by HORIZON to STEWART were drained from the tanks affixed to STEWART’s body by the time the rebreather and scuba equipment were turned over to the Coast Guard (2).
Note 2: This fact was relayed to REVO by the U.S. Coast Guard and it is likely included in the U.S. Navy’s report of its inspection of STEWART’s rebreather. Significantly, HORIZON has elected not to submit this report to the Court, choosing instead to file the Navy’s report of its inspection of SOTIS’ rebreather. (D.E. 99-14.)"
Is it referring to O2 (which had to be empty because of the orifice built in in the rEvo)? The diluent (which could have been drained due to user inexperience - or over use - as you suggested previously)? In both cases, natural explanation for empty tanks exist and Horizon could easily argue that there is no way to prove that they touched the cylinders. Or are they referring to the bailout cylinders? It sounds strange that rEvo would bring up this argument, but this might just be a lawyer's initiative.

I wished there was more Freud and Shakespeare quotes in legal documents.

The moral of the story seems to be that a good deed never goes unpunished... especially when it comes in the wake of such a tragedy.

 

[Wookie]

At least this clarifies the whole Fire Department Underwater Rescue Unit polemic which I had never quite understood until now.

What about this though: "upon information, nearly all the gasses provided by HORIZON to STEWART were drained from the tanks affixed to STEWART’s body by the time the rebreather and scuba equipment were turned over to the Coast Guard (2).
Note 2: This fact was relayed to REVO by the U.S. Coast Guard and it is likely included in the U.S. Navy’s report of its inspection of STEWART’s rebreather. Significantly, HORIZON has elected not to submit this report to the Court, choosing instead to file the Navy’s report of its inspection of SOTIS’ rebreather. (D.E. 99-14.)"
Is it referring to O2 (which had to be empty because of the orifice built in in the rEvo)? The diluent (which could have been drained due to user inexperience - or over use - as you suggested previously)? In both cases, natural explanation for empty tanks exist and Horizon could easily argue that there is no way to prove that they touched the cylinders. Or are they referring to the bailout cylinders? It sounds strange that rEvo would bring up this argument, but this might just be a lawyer's initiative.

I wished there was more Freud and Shakespeare quotes in legal documents.

The moral of the story seems to be that a good deed never goes unpunished... especially when it comes in the wake of such a tragedy.

Revo’s lawyer seems to accuse Bleser and Horizon of creating a conspiracy to hide evidence. I know Bleser and consider him a friend. Same with Dawson. I don’t believe a conspiracy from those 2 guys.

Interesting and sad that KLVFD dumped Bleser after many years of loyalty, personal expense, and a job well done, in a crappy way. This speaks to the integrity of the KLVFD to me...

 

[Wookie]

At least this clarifies the whole Fire Department Underwater Rescue Unit polemic which I had never quite understood until now.

What about this though: "upon information, nearly all the gasses provided by HORIZON to STEWART were drained from the tanks affixed to STEWART’s body by the time the rebreather and scuba equipment were turned over to the Coast Guard (2).
Note 2: This fact was relayed to REVO by the U.S. Coast Guard and it is likely included in the U.S. Navy’s report of its inspection of STEWART’s rebreather. Significantly, HORIZON has elected not to submit this report to the Court, choosing instead to file the Navy’s report of its inspection of SOTIS’ rebreather. (D.E. 99-14.)"
Is it referring to O2 (which had to be empty because of the orifice built in in the rEvo)? The diluent (which could have been drained due to user inexperience - or over use - as you suggested previously)? In both cases, natural explanation for empty tanks exist and Horizon could easily argue that there is no way to prove that they touched the cylinders. Or are they referring to the bailout cylinders? It sounds strange that rEvo would bring up this argument, but this might just be a lawyer's initiative.

I wished there was more Freud and Shakespeare quotes in legal documents.

The moral of the story seems to be that a good deed never goes unpunished... especially when it comes in the wake of such a tragedy.

Knapp said he tried to float the body using onboard gas. Filled the wing and no buoyancy. Someone could think that he was trying to float the body, someone else might decide that he was tampering with evidence. But in any case, he wasn’t authorized to do what he did.

 

[RyanT]

Someone could think that he was trying to float the body, someone else might decide that he was tampering with evidence. But in any case, he wasn’t authorized to do what he did.

Just curious, what's the alternative? Should Knapp have just tapped out altogether, and said "not my problem." Short of that, upon finding the body, should he have left it there, surfaced, and then reported the position on the bottom? Obviously the second option would not have been helpful for recovery.

 

[rjack321]

Just curious, what's the alternative? Should Knapp have just tapped out altogether, and said "not my problem." Short of that, upon finding the body, should he have left it there, surfaced, and then reported the position on the bottom? Obviously the second option would not have been helpful for recovery.

Perhaps talking to the coroner about their plans would have been wise? Instead of hiding or obfuscating what they were doing and under what authorities?

"Hey MD we are heartbroken over the failure to find Rob. And there aren't enough qualified divers looking for him. We'd like to help search but understand you are the responsible official here. How should we proceed?"

 

[RyanT]

I'm far from having all the information in this case, so I'm probably missing something here. When doing a body recovery in deep water, where currents are common, it seems like time would be of the essence.

 

[Wookie]

I'm far from having all the information in this case, so I'm probably missing something here. When doing a body recovery in deep water, where currents are common, it seems like time would be of the essence.

Did you read the string of emails from Beaver to the KLVFD Chief?

 

[RyanT]

No I didn't, there is a lot here and I missed that before, thanks.

 

[Wookie]

Beaver quoted the law and specifically told them not to recover the body. I know that Bleser and Beaver worked well together in the past to identify a dead sailor that the sailors mom did not want the body recovered, so there was some other influence on the boat that day driving the recovery team to recover the body expressly against Beavers wishes...

 

[RyanT]

Thanks Frank.