Horizon Dive Adventures Complaint Filed in Federal Court

[luscioman]

Federal

 

[Saniflush]

If you need one, better hire the one who will advocate best for you. My lawyers are the best. It's yours that is untrustworthy. Unless my side wins, then yours in untrustworthy and incompetent. Much like elected officials.

As I saw written somewhere before, "there is only one profession whose entire job is to protect you from other members of the same profession".

 

[Wookie]

Federal

I'm told it all got kicked back to state court.

 

[Doc Ben]

I'm told it all got kicked back to state court.

Not all. If you spend time going over all the pleadings, you will see that the Federal court filing took priority. Some motions in the state court filings have yet to show an action (denied, continued, etc.). Perhaps a call to the attorneys might shed more light.

 

[Wookie]

Not all. If you spend time going over all the pleadings, you will see that the Federal court filing took priority. Some motions in the state court filings have yet to show an action (denied, continued, etc.). Perhaps a call to the attorneys might shed more light.

Yes, another attorney not involved but who posts here told me so.

 

[Tony Carrozza]

Many people are hesitant to hire a lawyer because they are fearful of what it might cost. Having a skilled professional on your side almost always means a better outcome, when compared with the results you can expect when you represent yourself.
Whenever you are involved in a legal matter of any significance, you should evaluate both the anticipated cost of hiring a lawyer and the useful reference with the potential benefit of that representation.

 

[2charliediver]

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."

 

[The Chairman]

It appears the lawyers for Horizon have now pointed the finger at the dive equipment and the rebreather.

That is an interesting development since the company has changed hands.

 

[Cert1967]

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."

Case 4:17-cv-10050-JLK

Document 19 Entered on FLSD Docket 09/06/2017

PETITIONER HORIZON DIVE ADVENTURES, INC’S OBJECTION, ANSWER, AFFIRMATIVE DEFENSES AND COUNTER CLAIM TO CLAIMS OF PETER SOTIS ​

While an old filing - 06SEP2017 - Doc 19 (excerpted above) is an interesting read when taken in its entirety. The third affirmative defense - no surprise there.

What's happened since September?

Not much - attorney jumped in and Rule 26 disclosures. The disclosures shed light on the folks and the 'stuff' that will be at the big party.​

Rule 26 - Duty to Disclose; General Provisions Governing Discovery - Federal Rules of Civil Procedure

Lots more to come ...

 

[Steve_C]

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:

That does not mean that the dive equipment or its design did not play a role in how the last dive ended. Not saying it did. Just saying reaching the surface does not rule it out.