the essence of the complaint here appears to be not just that Uwatec made the computer with bad assumptions, but that when they came to light, and the company's engineers agreed that the assumptions were bad in the software, that management then constructively hid this fact both from the public AND from Johnson Outdoors prior to the acquisition of Uwatec, and then further, once Johnson Outdoors became aware of it (the parent of Uwatec and Scubapro now) THEY constructively hid it!
I believe, as a non-lawyer, that the key here is that the company's own internal folks knew there was a defect - an error - and intentionally covered it up.
Now did that cover-up actually cause the DCI cases? That's a second, but key question. If not, then the error is irrelavent. But, it appears - at least from what I've read on this - that the error at least contributed to the injuries, and may have been essentially the entire cause of them given that the divers relied on the information presented.
I bet discovery on this case gets REAL interesting.
I believe, as a non-lawyer, that the key here is that the company's own internal folks knew there was a defect - an error - and intentionally covered it up.
Now did that cover-up actually cause the DCI cases? That's a second, but key question. If not, then the error is irrelavent. But, it appears - at least from what I've read on this - that the error at least contributed to the injuries, and may have been essentially the entire cause of them given that the divers relied on the information presented.
I bet discovery on this case gets REAL interesting.
