Sandra Stewart sues a whole lot more folks

[Wookie]

Of course, with all of the money spent so far, it's possible that she had to name some new defendants to bring a fresh infusion of cash....

 

[Dsix36]

Hope the judge doesn't insist on a physical examination in order to make sure.

Michael

Me Me, I volunteer. Wait this sounds like a discussion on another board awhile back where I had to vouch for her female status. If Claudia is a guy, then he makes a bikini look pretty good.

 

[kelemvor]

23.
At all material times, including at the time of his death, Plaintiff’s decedent,
ROBERT STEWART, was a passenger on the subject vessel that was engaged in a boating activity.

My understanding was that Rob jumped off the back of the boat to go diving at the material time.

 

[Wookie]

My understanding was that Rob jumped off the back of the boat to go diving at the material time.

At the material time, Rob wasn't a passenger.

 

[kelemvor]

At the material time, Rob wasn't a passenger.

My point exactly, although the law sometimes makes very little sense. You can't always count on logic prevailing.

 

[Bob DBF]

Seems like the shotgun approach to liability -

It is pretty standard legal practice to name all parties. Otherwise all the named defendants point to the empty chair and say that is the responsible one.

And by leaving out the producer, I would guess against advice, they created the empty chair. A television/film producer responsibilities are to oversee all elements of a production from conception through to completion, and may also be involved in the marketing and distribution. It seems to me that a lot of the responsibility could be shifted to the one in charge.


Bob

 

[Wookie]

And by leaving out the producer, I would guess against advice, they created the empty chair. A television/film producer responsibilities are to oversee all elements of a production from conception through to completion, and may also be involved in the marketing and distribution. It seems to me that a lot of the responsibility could be shifted to the one in charge.


Bob

I'm not too sure who owns the production company, but maybe the parents don't want to "punish" them.

And the production company and their underwriter are responsible for all aspects of the safety of the divers. I've been on a number of underwater productions. Never seen one without a diving safety officer, dive supervisor, Safety Diver, camera grips in and out of the water, Rob was of course, the cameraman, and there was no talent, and if you look at the daily call sheet, the safety diver wasn't even on the boat that day. Whoever the producer is is truly hanging out, and the underwriter is completely wet on this one.

 

[Bob DBF]

I'm not too sure who owns the production company, but maybe the parents don't want to "punish" them.

My thought as well, but it leaves a target for everyone else in the suit to place as much responsibility as possible. He is not at the table to defend against his responsibility, but even if found totally responsible, since he isn't in the suit, he doesn't have to pay.


Bob

 

[cerich]

And by leaving out the producer, I would guess against advice, they created the empty chair. A television/film producer responsibilities are to oversee all elements of a production from conception through to completion, and may also be involved in the marketing and distribution. It seems to me that a lot of the responsibility could be shifted to the one in charge.


Bob

I believe that their dead son ran the production company, (Sharkwater Productions IMDb: With Sharkwater Productions (Sorted by Popularity Ascending) - IMDb) and the other production companies involved (Diatribe) and Robs father Brian was the executive director.. so.. that is why the production company is not being sued

 

[Cert1967]

ORDER STAYING LIMITATION ACTION - FLSD CASE NO.17-CV-10050-JLK

SECOND AMENDED COMPLAINT - CASE NO: CACE-17-0059 - BROWARD

To better understand the amended complaint in state court, a reading of Judge King's Order of January 11, 2019, may be instructive. Here the litigation history is succinctly summarized by Judge King, along with the legal basis for his order. Delving deeper, a review of docs 135 and 136 - the parties' winning and losing arguments are laid out.

The reader may reach their own conclusions as to this finding in Judge King's order.

"The Court further finds that Stewart has not, as Petitioner claims, “engaged in a pattern of delay” (DE131, at 4), but rather that Claimant Sotis unnecessarily delayed these proceedings by attempting without adequate basis to assert a viable claim in this action after Stewart filed her first Motion to Stay Limitation Action (DE35) on April 24, 2018."​

Of note - doc 129 - Neil Bayer on November 22, 2018, sustained serious injuries in a bicycle accident. Best wishes for a full and complete recovery.

"On Thanksgiving morning, the undersigned counsel was involved in a bicycle accident that resulted in nine hours of neurosurgery involving a fusion of the cervical spine from C1 to C4 with four titanium rods and various screws and plates."​