Walla Walla University and Kennewick companies named in scuba wrongful death case

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DandyDon

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From Kennewick companies named in scuba wrongful death case - Mid-Columbia News | Tri-City Herald : Mid-Columbia news
WALLA WALLA -- Family members of a Walla Walla University student who died three years ago during a scuba diving class in Rosario Bay have filed a wrongful-death lawsuit against the institution.

Shari Booth, 19, a freshman biology major, was on a three-day trip to the university's Rosario Beach Marine Laboratory near Anacortes on May 19, 2008, when she failed to surface during an advanced dive near Deception Pass.

After two days of searching and with weather conditions deteriorating, search crews and divers called off the recovery efforts. Her body never was found.

Now, her mother, Marsha Booth of Brush Prairie, and sisters Sarah Reilly of Australia and California resident Sharla Carlson are alleging the university and other defendants "were grossly negligent and demonstrated reckless disregard" for Shari Booth's safety.

The lawsuit was filed this week in Walla Walla County Superior Court. The plaintiffs, represented by Seattle attorney James P. Jacobsen, are seeking an unspecified amount of money.

Responding to a request to the university for comment Friday, Vice President and Public Information Officer Jodi Wagner said in an email, "Walla Walla University was and remains very saddened by the loss of Shari Booth."

Wagner added, "We have not seen the complaint, and are unable to comment on specific allegations."

Also listed as defendants in the suit are Booth's instructor, Gene Bruns of Kennewick, his companies -- Under Sea Adventures Inc. and College Divers -- and the National Association of Underwater Instructors.

At the time of Booth's disappearance, the advanced class was taking one of about six dives required as part of their program. Booth had been diving with a partner. The two were with a larger group, which had traveled to the Marine Laboratory, a base for the dives in Rosario Bay.

The lawsuit alleges that training and materials used in the open-water course "were manifestly deficient in their creation, promulgation and application."

The plaintiffs also claim that Booth wasn't properly instructed in use of the equipment, wasn't adequately prepared for the dives and wasn't appropriately screened.

In addition, the dive location "is a patently inappropriate site for novice student divers" because of its strong current and frigid temperatures, according to the complaint.

And, the lawsuit says, Bruns inappropriately pulled Booth's partner from the water prematurely and failed to enter the water himself to save Booth, despite seeing her bubble trail leaving the area.

Booth drowned "after being abandoned underwater," according to the suit.

University news and information coordinator Becky St. Clair said Friday that the university doesn't currently contract with Bruns or his companies, nor is Bruns an employee of the university.
 
Without a body, they have no way of knowing how she died ... it could have been something completely unrelated to the activity she was doing at the time.

Unless they have some compelling evidence of negligence, I don't see the lawsuit going anywhere ...

... Bob (Grateful Diver)
 
"Death by Diving" was an interesting thread started last year by VooDooGasMan; his opening post describes what he knows of Shari Booth's disappearance, which suggests some sort of equipment failure:
Ok now this one is astounding[:] Shari Booth was on a advanced diving course with a walla walla group, from the west side of Washinton state. 11 other dive students were in this course, her dive buddy tapped her leg and motioned she was going to the surface, vis was good and the buddy looked down and said she [Booth] looked ok at 20' deeper, but was'nt sure if she was at 50' or 30'. The buddy boarded on the boat they watched her bubbles and then after a bit a bunch of bubbles poured to the surface then nothing. Search attempts were made she was never found.(emphasis added)
 
"Death by Diving" was an interesting thread started last year by VooDooGasMan; his opening post describes what he knows of Shari Booth's disappearance, which suggests some sort of equipment failure:
Yes, after buddy protocol failure. All too common in accidents.
 
Without a body, they have no way of knowing how she died ... it could have been something completely unrelated to the activity she was doing at the time.

Unless they have some compelling evidence of negligence, I don't see the lawsuit going anywhere ...

... Bob (Grateful Diver)

Bob, I was thinking the same thing. I was also wondering about the time that had passed and whether the lawsuit would be time-barred from the get-go. Looking at the dates (she disappeared on 19 May 2008), it sounds like her family's lawyer filed the suit now to avoid timing problems. I'm not a WA lawyer (I'm a California lawyer doing international work in France), but I suspect there's a 3 year statute of limitations on this type of suit in Washington. So the lawyer may have filed it to preserve their rights in case the body turns up soon.

Just my 2 cents.

Trish
 
Tragic event and a great loss to her family and friends.

I suspect the above poster may be correct regarding the timing of the filing:

"There are strict time limits on when a wrongful death case may be filed or pursued in Washington State. This time limit is called the Statute of Limitations. In Washington State, the Statute of Limitations is usually three (3) years from the date of death. This means that the case must either be settled or filed in court within this time or the claim is no longer valid. "
Source: WSBA
 
Any news on this case?
 
It is always tragic to hear of a diver's death. This case sounds especially disconserting because the buddy surfaced and was on the boat!

In the quoted article above it states she ... "wasn't appropriately screened." In addition it states the material wasn't disseminated properly. Sounds like a lawyer preying on a family's grief.

Sent from my LG-P999 using Tapatalk 2
 
Any updated info on this Don?

Sent from my LG-P999 using Tapatalk 2
 

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