And the parties can always agree to an extension, which happens all the time.
Suit filed in case of "Girl dead, boy injured at Glacier National Park
- Thread starter Jim Lapenta
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And the parties can always agree to an extension, which happens all the time.
Bob DBF
Contributor
a) Time to Serve a Responsive Pleading.
(1) In General. Unless another time is specified by this rule or a statute, the time for serving a responsive pleading is as follows:
(A) A defendant must serve an answer within 21 days after being served with the summons and complaint, unless the court orders otherwise under Rule 4(c)(2)(C).
Or the order specifies a different timeframe (my bold).
Sure, just trying to make sense of Wookie's comment that there's no deadline in this case. That suggests that the clock hasn't started to run yet, rather than that the deadline was extended. But perhaps I misunderstood.
Wookie
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Again, I specifically asked the plaintiffs lawyer directly, and that was the response I received. Perhaps, as he is not licensed in Montana, he was mistaken. Perhaps I should have asked his guy who has passed the Montana Bar. But I don’t know him, nor do I work for him. I work for the other guy. At times.
I know this event has been posted and discussed here and elsewhere since it was released two weeks ago. In this video, I’ve compiled the news reports, legal filing, and input from the family’s representative. The family has established a Linnea Foundation for those who wish to support:
Support The Linnea Foundation
On Nov of 2020, and 18-year-old Linnea Rose Mills dive on a freshwater dive at Lake McDonald, Glacier National Park, Montana. A $12M filed by the family alleges that the Gull Dive Center was negligent in not providing Linnea with proper dry suit instruction, and inflator hose, proper briefing, and supervision, and she was fatally overweighed with non-ditchable weight. The suit alleges that the end result was that Linnea was fatally squeezed at depth and unable to breathe nor return to the surface due to suit restrictions and being overweight beyond the capacity of the BC. The legal filing and other news reports also allege that there are other questions regarding the instructor's ability to teach drysuit, lack of emergency procedures, and the PADI teaching status of the Gull dive center. PADI is also named in the drysuit.
Support The Linnea Foundation
On Nov of 2020, and 18-year-old Linnea Rose Mills dive on a freshwater dive at Lake McDonald, Glacier National Park, Montana. A $12M filed by the family alleges that the Gull Dive Center was negligent in not providing Linnea with proper dry suit instruction, and inflator hose, proper briefing, and supervision, and she was fatally overweighed with non-ditchable weight. The suit alleges that the end result was that Linnea was fatally squeezed at depth and unable to breathe nor return to the surface due to suit restrictions and being overweight beyond the capacity of the BC. The legal filing and other news reports also allege that there are other questions regarding the instructor's ability to teach drysuit, lack of emergency procedures, and the PADI teaching status of the Gull dive center. PADI is also named in the drysuit.
Biotech Diver
Contributor
Thank you for post this video. This fatality was so preventable. Someone needs to go to prison and also be sued into poverty.
beester
Contributor
I haven't read through 70 pages of this. I feel very sorry for what happened to this teenager. Wrong decisions all over the place, one after another. I normally don't have an opinion on responsibility, but in this case the avalange of mistakes made is just overwhelming.
The only thing I can comment on is the effect of squeeze. Not in the context of a drysuit workshop, because I don't teach these. I find that a couple of 1 on 1 mentoring dives with some theory are enough to show them the ropes. However I do use this picture as a case of making bad decisions and task overloading, in my tech or essentials courses, mainly to show them to stop and fix before continuing.
This is my chest and the impression of a VW passat car key pressed into it due to drysuit squeeze. I don't have pictures of my arms and back full of blue, black bruises, but there were alot. The key was on a leash not on my bare skin, there was a t-shirt inbetween, and then my undersuit. It happened during a north sea dive in 2013, with a lot of current and waves topside and a lot of confusion between diveteams on the charter. So equipment (GUE EDGE) check was minimal (first mistake), and we dropped in and descended. There was a lot of current, which ment we needed to pull on the buoy line to the wreck. At about 20ft I noticed the squeeze and realised that my drysuit hose was not connected. I made the decision not to signal my buddy (who was pulling himself down below me) and decided to fix it when we would reach the wreck (at 130ft). In the end I did stop and fixed it (connecting the hose) after stopping at 100ft and signalling my buddy to wait. Reason being that the squeeze became unmanageable.
This was me, an experienced diver, with at that time at least 800 drysuit dives under my belt, hogarthian setup, not being overweighted. The squeeze almost overwhelmed me, and I'm reasonably sure that if I had sank another 30 ft that it would have become hard even to just reach my wing inflator, so rigid was the suit. This imprint on my skin happened after only a couple of min, and I wore it for a week.
So imagine an 18 y girl, with 5 dives under her belt, dropped in a cold, bad vis enviroment, using equipment (a drysuit) she never used before, overweighted to the hilt, with an absent instructor (herself not experienced?, task overloaded?, focused on the other students or the task in her mind?). She had no chance :-( I feel so sorry for this young girl and her family.
PS: this is the key btw.
The only thing I can comment on is the effect of squeeze. Not in the context of a drysuit workshop, because I don't teach these. I find that a couple of 1 on 1 mentoring dives with some theory are enough to show them the ropes. However I do use this picture as a case of making bad decisions and task overloading, in my tech or essentials courses, mainly to show them to stop and fix before continuing.
This is my chest and the impression of a VW passat car key pressed into it due to drysuit squeeze. I don't have pictures of my arms and back full of blue, black bruises, but there were alot. The key was on a leash not on my bare skin, there was a t-shirt inbetween, and then my undersuit. It happened during a north sea dive in 2013, with a lot of current and waves topside and a lot of confusion between diveteams on the charter. So equipment (GUE EDGE) check was minimal (first mistake), and we dropped in and descended. There was a lot of current, which ment we needed to pull on the buoy line to the wreck. At about 20ft I noticed the squeeze and realised that my drysuit hose was not connected. I made the decision not to signal my buddy (who was pulling himself down below me) and decided to fix it when we would reach the wreck (at 130ft). In the end I did stop and fixed it (connecting the hose) after stopping at 100ft and signalling my buddy to wait. Reason being that the squeeze became unmanageable.
This was me, an experienced diver, with at that time at least 800 drysuit dives under my belt, hogarthian setup, not being overweighted. The squeeze almost overwhelmed me, and I'm reasonably sure that if I had sank another 30 ft that it would have become hard even to just reach my wing inflator, so rigid was the suit. This imprint on my skin happened after only a couple of min, and I wore it for a week.
So imagine an 18 y girl, with 5 dives under her belt, dropped in a cold, bad vis enviroment, using equipment (a drysuit) she never used before, overweighted to the hilt, with an absent instructor (herself not experienced?, task overloaded?, focused on the other students or the task in her mind?). She had no chance :-( I feel so sorry for this young girl and her family.
PS: this is the key btw.
Man as instructor in training this feels like a play by play or a playbook on how not to conduct a course. Being in Southern California I can see a lot of similarities:
- inexperienced warm water divers getting more advanced cert in colder water
- People returning to diving after extended breaks
- divers trying out new gear (drysuits in particular)
- Spots where there is a pretty deep wall near a training area
- Cold and dark water
John - what was the outcome in that suit-I never saw a final settlement or verdict?
