Hi Mr. O,
I was traveling home from DEMA yesterday and I spent today getting caught up, not on the internet. To answer your questions, all three of the divers that were in the water have testified that: (1) everyone was neutrally buoyant and not overweighted (regardless of the amount of lead used); and (2) the BCD was not defective nor leaking during the dive -- instead, it appears to have been damaged during transportation to SLC on the day after it was recovered.
I am sorry to disappoint you. You seem to want to parrot the PADI party line, which is not always consistent with the facts as testified in the case. Could this have something to do with the PADI Member Agreement that YOU signed, which prohibits you from saying anything publicly that PADI considers disparaging or that might discredit PADI (Paragraph 5 of the PADI Membership Agreement)? Just asking. You seem to reuse a lot of the same hyperbole that was stated by PADI's reps on the show floor, which is decidedly different from the facts as testified to by the witnesses during their depositions.
For example, the father and son dive team were deposed in LV on Wednesday. They testified repeatedly that the divers were all neutrally buoyant and the equipment was not leaking and working fine. For you to rely on hearsay from sources that weren't at the depositions or have not read the transcripts is irresponsible. For you to "Call me out" and claim that PADI's lawyers are taking the high road because they are not posting here, when you are obviously shilling for them, is transparent and actually kind of silly. I am glad you are taking such an interest in the case, but it is worth noting that you are contractually obligated not to say anything disparaging about PADI, lest you risk being excommunicated like the instructor here. So let's just see where the evidence takes the case and the readers can make up their own minds without opinion testimony from you or me. Okay? Have a great week.
Your instructor/client was tossed for committing no less than 5 standards violations and killing a kid in his charge. Not for speaking his mind on the Internet. But If I do the same, and kill a kid because I can't follow standards or exercise sound judgment in assessing a situation, PADI should kick me to the curb.
I see you did have time to post in other threads on scuba board though....
But these are Interesting, carefully parsed responses....
A) "Regardless of the amount of weight" - so IS it true the youth was in 35 pounds of lead?
What was his height and weight? Was it a 5mm wetsuit? Please tell me how 35 pounds is properly weighted in any suit for a youth.
Please do tell.
B) "the BCD appears to have been damaged AFTER the dive"- well that's interesting - who said it was damaged after and not before? An expert? Yours? Or your client the instructor... Because we know we can't ask the child who was wearing it.
Since I have such lousy information, how did I know the bcd was broken and the student had 35 pounds of lead?
Anyhow...
Maybe I'm taking an interest because in my 15 years practicing law I have never seen a party attorney engaging in public blog discussions of an active case mid discovery - something that is fraught with perils and a REALLY bad idea. Some jurisdictions actually prohibit such conduct - I guess Utah isn't one of them.
Moreover, the fact that you have only done so only AFTER a training agency sends out a highly questionable letter right before DEMA - and a discussion starts where actual instructors are pointing out the shortcomings in your clients position, do you jump in.
If anything it smells like YOU are the one working a shill my friend. I have no dog in the fight, but clearly you do.
My analysis is free from the bias of your role as advocate. You'd think an attorney would see that....
Res ipso locutor.....
