Man rescued from submerged car sues dive team.

[tridacna]

Can we sue him for stupidity? Perhaps I should rephrase that as "It is my opinion that he should be sued for stupidity"

This kind of lawsuit makes me long for "loser pays costs". Let the lawyer be responsible for some of those costs too. Especially for frivolous suits. Then this garbage would go away.

 

[letterboy]

no, but he will be seeing you for slander, bill.

 

[Jerry_]

While I do not want to comment on the sue issue, one phrase stroke me a bit:

Ortiz was able to find a small air bubble in the back of his car where Ferszt said his client spent two hours waiting to be rescued.


What is the SAC rate (or better O2 consumption as used air returns to the bubble) of an excited/panicked person? How large did this small air bubble have to be for allowing him to stay for 2 hours?

(Just out of curiousity)

 

[tridacna]

Then click the report post button state your case and see what happens.

Let's hope that a moderator just merges the threads. No point in a ménage à trois on a Tuesday.

 

[Mike]

This is not an example of "how the legal system is screwed up". It would be screwed up if he were NOT able to sue. If you want that system, go to Russia or North Korea.

I agree that the rescuers should be immune from any lawsuit. That's plain ridiculous.

Nope, it would be screwed up if they were immune, you should be able to sue them too or this would be Russia.

 

[nimoh]

All I know about this is what I have read in this thread, and it sounds like a ridiculous law suit.

However, one thing that jumps out at me is that it appears that the rescuers were proceeding under the assumption of no survivors...seems like someone made a pretty irresponsible decision somewhere along the line.

 

[MXGratefulDiver]

... actually the local rescue diving team was involved, and they are being sued ...

Colorado Man Could Sue Divers Who Saved Him From Submerged Car - ABC News

... Bob (Grateful Diver)

 

[tridacna]

Nope, it would be screwed up if they were immune, you should be able to sue them too or this would be Russia.

Politely disagree. Sovereign immunity is an old and accepted doctrine in the US. This is the essence of the 11th amendment to our constitution. Rescuers have what is known as "civil immunity".

Does this make us part of Russia?

---------- Post added March 11th, 2014 at 02:05 PM ----------

All I know about this is what I have read in this thread, and it sounds like a ridiculous law suit.

There is no lawsuit yet.

 

[tridacna]

... actually the local rescue diving team was involved, and they are being sued ...

Colorado Man Could Sue Divers Who Saved Him From Submerged Car - ABC News

... Bob (Grateful Diver)

Let me repeat: It does not matter if Jacques Costeau or Sheck Exley came back to life and rescued him. This forum is to discuss DIVING court cases. Not to discuss the politics of the tort system. (If the plaintiff had been diving in his car and he was rescued, I'd agree with you. Not sure what this story has to with SCUBA. The guy was sitting trapped in an air bubble in his car).

 

[dmoore19]

Did you report the post?

Let me repeat: It does not matter if Jacques Costeau or Sheck Exley came back to life and rescued him. This forum is to discuss DIVING court cases. Not to discuss the politics of the tort system. (If the plaintiff had been diving in his car and he was rescued, I'd agree with you. Not sure what this story has to with SCUBA. The guy was sitting trapped in an air bubble in his car).