Suit filed in case of "Girl dead, boy injured at Glacier National Park

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The way I'm reading that order, it's just the minor E.G. that has settled, correct?
Looks like it to me.

Seems odd, why would the defendants want to settle one at a time? Maybe the family figures including the minor child won't really affect the larger settlement and want to keep the minor out of it?

If cash was exchanged, I wonder who paid and why? Maybe insurance companies since it was cheaper to simplify the case?

I don't think we'll ever really know.
 
Looks like it to me.

Seems odd, why would the defendants want to settle one at a time? Maybe the family figures including the minor child won't really affect the larger settlement and want to keep the minor out of it?

If cash was exchanged, I wonder who paid and why? Maybe insurance companies since it was cheaper to simplify the case?

I don't think we'll ever really know.
No one in the Gentry family died. What they experienced was horrific, but they fortunately lived through the ordeal. I do feel for them as it must be a horrible thing to watch someone die, especially such a young woman like Linnea.
 
I'm not a lawyer, and have no more insight than y'all, but:

The Plaintiffs are L. SCOTT MILLS, Individually and as Personal Representative of the Estate of LINNEA MILLS; ROBERT GENTRY; SHANNON GENTRY; E.G., a Minor, by her Mother and Next Friend, Shannon Gentry; and JOEL WILSON

And the defendants are DEBBIE SNOW; GULL SCUBA CENTER, LLC d/b/a GULL DIVE CENTER; HEIDI HOUCK; PADI WORLDWIDE CORPORATION; PADI AMERICAS, INC.; and JOHN DOES 1-10,

That means everyone signed. SHANNON GENTRY signed for E.G., because E.G. is a minor. Shannon Gentry is a plaintiff.
 
Interesting timing... PADI just released major updates on their standards regarding dry suit training, which, to me, clearly indicate influence from this suit.

Copy pasta from the update (emphasis PADI's):

New certified assistant requirements
Effective on 1 June 2023, to qualify as a certified assistant for the following PADI Specialty Diver courses and Adventure Dives, a PADI Divemaster (or higher rating) must also hold the diver-level specialty diver certification (or qualifying certification) for the corresponding activity:
► Cavern

► Dry Suit

► Enriched Air

► Full Face Mask

► Ice

► Rebreather (unless diving in standard open circuit equipment)

This is consistent with community practice that requires all divers participating to be certified for these activities (or be in training for them) .
Standards Updates for Dry Suit Use in PADI Programs
Standards in the PADI Dry Suit Diver course, Dry Suit Adventure Dive and regarding the use of dry suits in all PADI programs have been updated to be consistent with community practice and incident analyses. Changes must be implemented by 1 June 2023. However, immediate implementation is recommended. Many of these changes better emphasize the relevant standards that are already in effect.
Note that you must be a PADI Dry Suit Specialty Instructor if your student divers/participants have never used dry suits and will use dry suits during open water dives. You must now be a PADI Dry Suit Specialty Instructor to conduct the Dry Suit Adventure Dive during the Advanced Open Water Diver course.
Please note the following changes in your instructional materials. The 2023 PADI Instructor Manual will have these changes.
PADI Instructor Manual

General Standards and Procedures
Under Altitude Dive and above Assessing Open Water Dive Readiness, add a new subhead and paragraph:
Ascent Rate
Maximum ascent rate is 18 metres/60 feet per minute, or the maximum rate allowed by the diver’s computer, whichever is slower. Dives at altitude (higher than 300 metres/1000 feet) and/or in a dry suit have a maximum ascent rate of 9 metres/30 feet per minute. A safety stop of 3 minutes at 5 metres/15 feet is recommended for all dives.
Under Assessing Open Water Dive Readiness add sentence to first paragraph:
In preparation for the dive and before beginning open water dive skills, assess the diver’s skills and comfort level inwater and generally assess dive knowledge. This assessment must include the use of specialized equipment (such as dry suits, full face masks, etc.) that the diver is already qualified to use and will use during the program. If the diver exhibits lack of dive readiness, remediate before training progresses.
Under Divemaster and above Dry Suit Orientation, add a new subhead and text:
Dry Suit Use in PADI Programs
To use a dry suit during any PADI course or program, a student diver/participant must meet one of the following:
Be enrolled in a PADI Dry Suit Diver specialty course

Have a PADI Dry Suit Diver certification (or qualifying certification from another training organization)

Provide proof of at least four dives in a dry suit in conditions comparable to those to be used during training.

With a PADI Dry Suit Specialty Instructor, complete the Dry Suit Orientation and Dry Suit Adventure Dive prior to the course/program. (See the Dry Suit Adventure Dive requirements in the Advanced Open Water Diver Course Instructor Guide.) When fulfilling this option, during all course/program dives:

Divers must be under the direct supervision of a PADI Dry Suit Specialty Instructor or a certified assistant. The maximum diver-to-certified assistant ratio is 2:1.

Maximum dive depth is 30 metres/100 feet.

On dives deeper than 18 metres/60 feet, divers must be directly supervised by a PADI Dry Suit Specialty Instructor at a maximum ratio of 4:1.

Note:
Divers may need to repeat this option for subsequent courses/programs until they meet one of the other options.

Exception: Pool or confined water experiences when trying or learning how to use a dry suit while directly supervised by a PADI Dry Suit Specialty Instructor.
Under Dry Suit Orientation, delete the first sentence (based on changes above) and change sixth bullet to:
Orient divers to dry-suit use in confined water before they use them for the first time in open water.
Perform a neutrally buoyant ascent from the bottom, at a rate no faster than 18 9 metres/60 30 feet per minute.
Under Equipment, Standard Diver Equipment, add below 8. and change Note:
a. Dry suits must have a dedicated low-pressure inflator hose from the regulator, or an inflation system specifically for the dry suit.

Note:
The dry suit orientation requirement See Dry Suit Use in PADI Programs in this guide.

Advanced Open Water Diver Course Instructor Guide

Under Certification Requirement and above Depth, add a new subhead and text:
Certified Assistant
Certified assistants for the Cavern, Dry Suit, Enriched Air, Full Face Mask, Ice and Rebreather (unless diving in standard open circuit equipment) Adventure Dives must hold the corresponding diver-level specialty certification for the dive.
Under Instructor Rating, add Note:
Note: See Adventure Dive Knowledge Development Options and Requirements chart
In Adventure Dive Knowledge Development Options and Requirements chart, add a check mark in the Must be Specialty Diver Instructor column for Dry Suit.
Under Dry Suit Adventure Dive, Considerations, change 1. and add 4. and 5.:
1. Directly supervise divers at a maximum ratio of 8 6:1 or have a certified assistant supervise divers at a maximum ratio of 4:1. Two additional students may be added with a certified assistant to a maximum of eight students.

4. The instructor must directly supervise student divers on dives deeper than 18 metres/60 feet at a maximum ratio of 4:1.

5. After divers successfully demonstrate all performance requirements, including removal and replacement of the scuba unit at the surface, a certified assistant may directly supervise a maximum of two divers (2:1) for the remainder of the dive.
The safety stop does not have to be assessed by the instructor prior to certified assistant direct supervision.
Under Performance Requirements, change 7. to:
7. Perform a neutrally buoyant ascent from the bottom, at a rate no faster than 18 9 metres/60 30 feet per minute.
PADI Dry Suit Diver Specialty Course Instructor Guide (Version 4.0)

Section One
Under Course Flow Options, second paragraph, change first sentence to:
Completion of the confined water dry suit practice session is required.
Under Standards at a Glance, change Open Water Ratio to:
6:1, with two additional student divers allowed with one certified assistant (maximum 8 students)
Under Supervision and Ratios, add as first sentence:
Certified assistants must have a PADI Dry Suit Diver certification (or qualifying certification)
Under Supervision and Ratios, Confined Water Dive, change first paragraph to:
Completion of a confined water dry suit training session is required. This confined water practice session must be complete prior to making the first open water dive of this specialty course. During the confined water session, student divers must be directly supervised by the course instructor or certified assistant. Additional confined water sessions may be added at your discretion and may include a scuba skills review.
Under Supervision and Ratios, Open Water Dive, change to:
A Teaching status PADI Dry Suit Diver Specialty Instructor must be present and in control of all activities. During the Dry Suit Diver open water dives, student divers must be directly supervised by the course instructor. The Specialty Instructor must ensure that all performance requirements are met.

The ratio for open water dives is 6 student divers per instructor (6:1), with 2 additional student divers allowed with one certified assistant to a maximum of eight students.

The course instructor must directly supervise divers on dives deeper than 18 metres/60 feet at a maximum ratio of 4:1.

Under Materials and Equipment, Student Diver, change second bullet and add Note:
Dry suit with dedicated low-pressure inflator hose from the regulator, or an inflation system specifically for the dry suit, and appropriate accessories (such as undergarment, specialized boots, and hood if necessary).

Note: All student divers must dive with a BCD
Section Three
Under Conduct, change first sentence to:
This confined water dive is required.
Under Performance Requirements, change 6. to:
6. Perform a neutrally buoyant ascent from the bottom, at a rate no faster than 9 metres/30 feet per minute.
Section Four

Under Dive 1, Performance Requirements, change 7. to:
7. Perform a neutrally buoyant ascent from the bottom, at a rate no faster than 9 metres/30 feet per minute.
Under II. Suggested Sequence, C., 8. Ascent, change a. to:
a. Divers ascend at a maximum rate not exceeding 9 metres/30 feet per minute or according to a dive computer.
Under Dive 2, Performance Requirements, change 5. to:
5. Perform a neutrally buoyant ascent from the bottom, at a rate no faster than 9 metres/30 feet per minute.
Under II. Suggested Sequence, C., 7. Ascent, change a. to:
a. Divers ascend at a maximum rate not exceeding 9 metres/30 feet per minute or according to a dive computer.
 
4 to 1 on dives deeper than 60ft?
How many hands does an instructor have to get a hold of divers who have a problem?
You get a diver who starts a rapid ascent. You reach for him and if using proper buddy procedures and supervision distance you can maybe grab the buddy and use them also to help slow the ascent. Or you can immediately signal the buddy and have both in sight.
But the others are now not being supervised because the instructor is too occupied with the one having an issue.
One of them starts to get freaked by this and takes off.
Another possible fatality because greed trumps common sense.
Two to one is better.
And 6 to 1 in the first two atmospheres where the most risk of overexpansion is present.
Un freaking believable.
 
4 to 1 on dives deeper than 60ft?
How many hands does an instructor have to get a hold of divers who have a problem?
You get a diver who starts a rapid ascent. You reach for him and if using proper buddy procedures and supervision distance you can maybe grab the buddy and use them also to help slow the ascent. Or you can immediately signal the buddy and have both in sight.
But the others are now not being supervised because the instructor is too occupied with the one having an issue.
One of them starts to get freaked by this and takes off.
Another possible fatality because greed trumps common sense.
Two to one is better.
And 6 to 1 in the first two atmospheres where the most risk of overexpansion is present.
Un freaking believable.

Only two more divers have to die in training to achieve your desired ratio of 2:1 based on current events :(
 
The way I'm reading that order, it's just the minor E.G. that has settled, correct?
No, section 3 of the order says that Plaintiffs (read here to mean all of the named Plaintiffs on page 1) "have reached an agreement to settle." So they've all reached agreement. And while [mentally competent] adult plaintiffs are free to just agree to settle and ask the court to dismiss the case, when a minor is involved often specific court approval of the settlement for the minor is required. Thus the title of this order "ORDER GRANTING APPROVAL OF SECOND MINOR SETTLEMENT RE: E.G." (I have not followed this case closely enough to know why this is termed the "second minor settlement").
 
No, section 3 of the order says that Plaintiffs (read here to mean all of the named Plaintiffs on page 1) "have reached an agreement to settle." So they've all reached agreement. And while [mentally competent] adult plaintiffs are free to just agree to settle and ask the court to dismiss the case, when a minor is involved often specific court approval of the settlement for the minor is required. Thus the title of this order "ORDER GRANTING APPROVAL OF SECOND MINOR SETTLEMENT RE: E.G." (I have not followed this case closely enough to know why this is termed the "second minor settlement").
Ok, thanks for the clarification.
 
One of the e-mails forwarded to Linnea from Debbie Snow says "Nothing worse than putting on wet cold gloves." There certainly are worse things. After reading the facts of the case, I could pretty much discern what was coming and I did not want to read further into the horrible details. Bless that young man for trying to save her and for at least letting her know she was not utterly alone in her final moments.

Edit: I hesitant to add this, but here goes. Those in a position of trust clearly failed this young woman, but I cannot help but notice that the rising generation seems to lack a sense of self-preservation and are willing to endanger themselves to get a "like"; to get noticed. Maybe my generation hasn't done enough to teach them the sanctity of life.
 
Bless that young man for trying to save her and for at least letting her know she was not utterly alone in her final moments.
Assuming the facts in the Complaint are correct, I am in awe of his compassion and bravery. For a young man to hang in like that, doing his best under such conditions, is so impressive! Hopefully, someday the comfort of knowing that he tried so hard will mitigate the horror he must have felt and continued feeling.
 

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