Filmmaker Rob Stewart's family files wrongful death lawsuit

[boulderjohn]

Based on what happened in another lawsuit involving a boat crew's responsibility, I would say that doing a job that is supposed to be done by the crew does not make you a member of the crew.

 

[Wookie]

It is now, see attached copy. The list of defendants seems surprisingly short.

Can someone far more lawyerly than me explain why the family is looking for $15k in a jury trial? Are they looking for an admission from someone? Is pain and suffering not included in the initial filing? Are they hoping the jury will award a barnyard stupid award? What does this mean?

 

[Daedalus]

$15k is the break point for circuit vs county court jurisdiction in civil suits.

 

[Cowfish Aesthetic]

Can someone far more lawyerly than me explain why the family is looking for $15k in a jury trial? Are they looking for an admission from someone? Is pain and suffering not included in the initial filing? Are they hoping the jury will award a barnyard stupid award? What does this mean?

They're not asking for $15k, the complaint just says they're asking for more than $15k, which I would guess is probably the small claims limit. In other words, they include that to establish that the complaint is filed in the proper court.

 

[FloridaMan1974]

Does anyone know what capacity Stewart's dive partners were diving in that day.

Were they diving as instructors? Were they paid guides? Or were they just acting as a standard buddy? In my opinion, their role makes a big difference in liability. I think everyone can agree that paid instructors and guides should be held to higher standards of responsibility than unpaid buddies.

 

[Wookie]

That will be a fact in the case that is not known at this time.

 

[The Chairman]

That will be a fact in the case that is not known at this time.

It will probably be a disputed fact in this trail.

 

[wetb4igetinthewater]

The folks from Sea Shepherd are pretty pissed off, but they have no standing.

Would you explain this? I'm curious.

 

[h2oSkier]

Based on this press conference and the media coverage today it's pretty clear how the plaintiff's are approaching their case. It's personal and they're already going after Peter in the court of public opinion.

 

[DiverAmy]

Based on this press conference and the media coverage today it's pretty clear how the plaintiff's are approaching their case. It's personal and they're already going after Peter in the court of public opinion.

This made for an interesting watch. Can somebody familiar with other major diving lawsuits comment on this firm's and family's decision to release this video? I must say that from my noob seat, the decision doesn't seem prudent. Motivation, anyone?