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

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I boil with rage everytime this incident is drawn to my attention. It beggars belief that no one went to prison for this.
So I'm not a lawyer. But I would guess that since the NPS ranger was a divemaster and didn't check if they had a permit, means of communication, etc.., the defense would argue that the federal government had partial blame. Just a wild arsed guess.
 
My photos from the equipment inspection, August 2022.

Photo Aug 02, 12 11 53 PM.jpg


Photo Aug 02, 12 11 57 PM.jpg


Photo Aug 02, 12 06 36 PM.jpg


Undergarments & weights.jpg


Re: Suit squeeze and flooding. Photos of the partially unzipped dry suit, which was first discovered at the equipment inspection in August 2022, have been posted above. Some may argue that you can't have both squeezing and partial flooding, but this is incorrect. First, the open zipper caused the dry suit to leak water. The zipper was open 4-5 inches, but it had neoprene flaps underneaths and rolls on either side of the zipper mechanism, which likely prevented some water from entering and air from escaping. Plus, Linnea's BCD was pressed into the back of her shoulders, where the zipper was, and Linnea descended on her back. Nobody ever said the dry suit "flooded," but the fact is Linnea's undergarments were soaked through from water entering the dry suit.

As for evidence of squeeze, there was significant bruising on Linnea's neck and torso where rolls in the dry suit constricted and/or material pressed into her flesh. The oversized dry suit did not compress in a uniform fashion, it folded and rippled. Constriction of Linnea's torso and difficulty breathing and moving is obvious on Bob's video, particularly at 60 feet and on the bottom at 124 feet. The evidence shows what it shows.

Finally, two of our experts voluntarily tested the impact of suit squeeze under similar circumstances. Neither died, but neither was happy when they came up. Don't try this at home.
 
I have always been a proponent of using video during teaching (though I never got there personally). I was planning to set it on a tripod, have a large micro SD card and have the students perform skills in front of it. Though I'd have an assistant manage that, so that after dives we can do a review during the SI.

I know of some instructors who are dead set against it as "it would be used against the instructor." My question for you is, what the hell are you doing in your classes? I feel video would exonerate me if there was ever an incident.
Somewhere along the way, I saw/heard/was told it was a violation of training standards to allow a student to use a camera in a training class, especially an early certification course like OW or AOW. I agree with this. But I don't believe it is a bad idea for training classes to be filmed, just not by the students. As classes get more advanced, cameras should be ok.

But there is a limit. Brian Bugge died while filming his own rebreather training class, largely because he was taught to turn off his O2 after completing his pre-dive checks and he was too preoccupied with his camera to notice the O2 was off after he entered the water. Ironically, the student was filming the class because the rebreather manufacturer told the instructor they wanted to see video of him teaching so they could assess his teaching skills. The instructor was never told to have a student film him teaching, but that's what he did.

Most diving fatalities do not turn into lawsuits -- the deciding factor in whether they do is usually whether everyone can determine what happened to the diver underwater. If not, there is a high probability that a lawsuit will follow. If the evidence is there for all to see, a lawsuit usually does not follow. For example, a significant number of the diving fatality lawsuits I have defended involved dive computers being stolen off the body, not downloaded by the authorities, or the downloads disappearing. In each case, the plaintiff's attorney argued that their theory of what happened was correct, specifically because it was difficult to determine what actually happened without the dive computer data. When the dive computer or the data later appeared, the plaintiffs lost the case. Every single time.

In Linnea's case, the Medical Examiner and medical providers were given false information about what happened to Linnea, and her dive computer was taken off her body and it disappeared for a year and a half. If it weren't for Bob's video, nobody would have ever known the truth about what happened to Linnea. As Bob said, his memory is incomplete. This is his brain protecting him from experiencing additional trauma. Having watched the video countless times, frame by frame, I am extremely grateful that Bob's brain is protecting him by blocking much of his memory.
 
My photos from the equipment inspection, August 2022.

View attachment 870636

View attachment 870638

View attachment 870639

View attachment 870640

Re: Suit squeeze and flooding. Photos of the partially unzipped dry suit, which was first discovered at the equipment inspection in August 2022, have been posted above. Some may argue that you can't have both squeezing and partial flooding, but this is incorrect. First, the open zipper caused the dry suit to leak water. The zipper was open 4-5 inches, but it had neoprene flaps underneaths and rolls on either side of the zipper mechanism, which likely prevented some water from entering and air from escaping. Plus, Linnea's BCD was pressed into the back of her shoulders, where the zipper was, and Linnea descended on her back. Nobody ever said the dry suit "flooded," but the fact is Linnea's undergarments were soaked through from water entering the dry suit.

As for evidence of squeeze, there was significant bruising on Linnea's neck and torso where rolls in the dry suit constricted and/or material pressed into her flesh. The oversized dry suit did not compress in a uniform fashion, it folded and rippled. Constriction of Linnea's torso and difficulty breathing and moving is obvious on Bob's video, particularly at 60 feet and on the bottom at 124 feet. The evidence shows what it shows.

Finally, two of our experts voluntarily tested the impact of suit squeeze under similar circumstances. Neither died, but neither was happy when they came up. Don't try this at home.
Very interesting. Horrible situation that was 110% avoidable. Do you know the make and model of the drysuit? Curiosity has me.
 
Somewhere along the way, I saw/heard/was told it was a violation of training standards to allow a student to use a camera in a training class, especially an early certification course like OW or AOW. I agree with this. But I don't believe it is a bad idea for training classes to be filmed, just not by the students. As classes get more advanced, cameras should be ok.
Agreed. For me, video is an excellent teaching tool. It is used for many sports, it was used in my GUE fundies course. The video doesn't lie.

I don't understand why any instructor would allow for a student to bring a camera, even if standards allow for it. The purpose of the class is for students to learn and to demonstrate skills. The only exception of course would be a photography/videography course. That's it.

For new divers, I always recommend building self-awareness prior to the task loading of skills. I recommend going through a sequence of checking: buddy location, cylinder pressure, depth, return route, then take the shot. Once done, go through the same sequence. Once hitting half a tank, no more video/pictures. But obviously they will do wha they want. I would hope that they will at least consider my advice.

And yes, we are lucky that Bob was carrying a camera. But we all agree this is a rare exception.

With the new information from this video, I'm even more dumbfounded. Not everyone has caught this, but I came in one day for Debbie's AI course to assist. Her AI course was performed neutrally buoyant. Debbie did assist in one of my open water courses in the pool and on the shore for the open water portion. She saw me weight ever student individually. It is like she didn't absorb anything from what I taught. And yes, I was teaching neutrally buoyant back then. I'm completely flummoxed.
 
Interesting and horrifying photos. But I don’t think anyone needs to get into too much technical detail. The plain fact of the matter is that a young girl who was a relatively inexperienced diver put her trust in a PADI instructor. That instructor completely and utterly failed to exercise her duty of care towards the student. Even the most elementary knowledge of dry suit procedures, and the most basic of buddy checks, would have entirely precluded Linnea from even entering the water that day.
 
I expect half would, half wouldn't.
True.

I've seen a frame grab of her plunging backward. It's horrifying and haunting. The family doesn't want it circulating. For me, that's that. Except for use in litigation, or ideally prosecution, that preference that it be private trumps whatever lessons might come from using it as on object lesson. Except...maybe both PADI and the US Attorney's Office should be forced to have enlargements posted on an interior wall as a reminder of the costs of screwing up.
 
https://www.shearwater.com/products/teric/

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