Sotis vs. IANTD

[The Chairman]

Really???

Yeah... really. Please, you don't need to accept it, but don't expect the Wook or anyone else to reveal their sources to you.

 

[Caveeagle]

Don't forget, IANTD made procedural mistakes but they didn't hurt anyone other than Peter Sotis' dive shop. Peter Sotis, however, ignored safe diving procedure to the point of nobody who knows anything about this case being able to follow his logic and het got someone killed as a result. That's more than just a procedural mistake.

I am surely no lawyer, but don't your really have to prove some damages to get a judgement. I mean, other than just being right or wrong....

Did Sotis really have students all cued up waiting for training BEFORE iantd pulled his credentials?

I don't know the plaintiff personally, and am really not trying to defend iantd either, but this just sounds like Sotis trying to take people down with him.

 

[Diver0001]

IANTD didn't just revoke his certification. The way I understand it, the banning included his shop. If Sotis doesn't fix this then his business will go tits up. Aside from the issues of ego and reputation, which has already been damaged beyond repair as it is, I would think, Sotis has bigger problems because of this that just what happened to him.
R..

 

[tbone1004]

@Diver0001 of very important note is that IANTD is not going after him for the dive that killed Rob, they're going after him for the two dives before. The fact that he died and Sotis had to submit the incident report is what alerted them *i.e. if he didn't die, then the report wouldn't have gone through where he admitted he knowingly took a diver beyond his training limits while acting as a dive professional*, but the suspension was for the two dives before the last one, not the last dive where he actually died

 

[Wookie]

Initial reports were that Sotis was not acting in a paid or official capacity on those dives. Obviously, Sotis own incident report and court filing indicates that he was. I wouldn't expect someone to admit they were acting in a position of responsibility for another diver, considering how that will look in the civil case to follow, but his counsel obviously has some strategy.

 

[Doc Ben]

Initial reports were that Sotis was not acting in a paid or official capacity on those dives.

. Cite these "reports" and then tell us how accurate they are based upon your "insider" knowledge. The attorney Concannon has stated how inaccurate some news reports are.

Obviously, Sotis own incident report and court filing indicates that he was.

So tell us exactly where in the court filings or incident reports (the Exhibits to the filings) Sotis was "acting in a paid or official capacity"??

The more you speculate the more your saying is relevant..."Please do not let the facts of the matter interfere with my discourse on the subject."

 

[Doc Ben]

of very important note is that IANTD is not going after him for the dive that killed Rob, they're going after him for the two dives before.

That's not the way I see it. First of all, the Plaintiff Sotis is "going after" the Defendant IANTD for not adhering to a due process for suspension. Sotis started the complaint action. Read the full case file, then decide who is going after who. Sotis and ADD Helium could just align with another agency and stay in business. From what I read in the court docs, it is IANTD that will likely take a much bigger hit, but that is my educated guess. Time will tell.

 

[tbone1004]

@Doc Ben did you read the reports? How do you see it?

IANTD clearly states in Exhibit C that while acting as a dive professional, Sotis knowingly allowed a diver to go beyond their training limits. That occurred in the two dive leading up to the one where Rob croaked. He did not violate his training limits on the dive where he died provided the depth reported is accurate. The other stuff is a bunch of paperwork stuff that is adding fuel to the fire.

Sotis can't move to another agency, they won't take him because despite what is quoted, he is not a particularly well respected member of this industry which is why they created their own certification agency.

Why do you think IANTD will take a much bigger hit than someone who is only currently able to train with one recognized agency? IANTD won't really lose anything if he isn't training through them and all the judgement would say is that they didn't follow their own procedures on how to kick someone out

 

[EricTheDood]

I am surely no lawyer, but don't your really have to prove some damages to get a judgement.

He's suing for declaratory relief to get reinstated. He's not seeking damages. If he succeeds, he can go after IANTD in another lawsuit at a later date for damages.

It would be in IANTD's interest to fight this tooth and nail. Violating one's own procedures is not unlawful by itself. The case would be different if there were some sort of signed contract between IANTD and Sotis stating that the procedures are to be strictly followed 100% of the time. However, the case briefs don't say anything about a breach of contract.

IANTD can simply take the position that not following procedure was the result of extenuating circumstances and the suspension was in the interest of public safety.

 

[Ayisha]

Initial reports were that Sotis was not acting in a paid or official capacity on those dives. Obviously, Sotis own incident report and court filing indicates that he was. I wouldn't expect someone to admit they were acting in a position of responsibility for another diver, considering how that will look in the civil case to follow, but his counsel obviously has some strategy.

From Concannon's posts on FB, I believe he pretty much said that since Sotis was incapacitated at about the same time Stewart was, he was not able to render assistance to Stewart. We saw the flip flop and then deletion in Sotis' own FB posts regarding his consciousness at the time Stewart surfaced.

Perhaps being a Safety Diver was considered a lesser evil than being the current Instructor of the deceased, even if it was a maximum of 4 days since training? That still wouldn't negate the issue of knowingly being a Safety Diver for someone who was exceeding his training limitations for the two previous dives before his death. Knowingly because Sotis trained him, so he knew what he was trained for.