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Today's Palm Beach Post
Widow blames scuba-gear firm in underwater photog’s drowning
Crime & Law
By Jane Musgrave - Palm Beach Post Staff Writer
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Posted: 6:16 p.m. Monday, May 9, 2016
WEST PALM BEACH — The widow of world-renowned underwater photographer Wes Skiles will ask a Palm Beach County jury to award her at least $25 million in damages from a diving equipment company that she claims is responsible for her husband’s drowning off Boynton Beach.
In opening statements of the Palm Beach County Circuit Court trial on Monday, attorney Dustin Herman, who is representing Terri Skiles, claimed Dive Rite Express and Mark Derrick never did appropriate tests to determine if their special underwater breathing apparatus was safe. Dive Rite Express and Derrick were in a joint venture to produce the equipment, which Skiles was using in 2010 while shooting goliath grouper off Boynton Beach for National Geographic.
“This is about failing to do safety testing on a piece of life safety equipment,” Herman said of the death of the 53-year-old North Florida resident. “If a corporation doesn’t do this type of testing, divers will die.”
An attorney representing Broward County resident Derrick countered that Skiles was responsible for his own death.
While an accomplished scuba diver, Skiles wasn’t certified to use the special underwater breathing device, attorney David Concannon told the seven jurors. Concannon also said Skiles was taking Ambien, which is used to treat insomnia, and hydrocodone during the dive.
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Wes Skiles. (Photo by Aaron E. Daye/Gainesville Sun)
Skiles lost consciousness during an ascent from 83 feet, lost his mouthpiece and drowned.
“We’re going to ask you to find that it’s more likely than not that Mr. Skiles caused his own death,” Concannon said.
The key evidence during the two-week trial will be a roughly 45-minute video of the July 2010 dive, both sides said.
Herman said it will show that the equipment malfunctioned.
Concannon countered that it will show Skiles made many mistakes. It will further show, he claimed, that the warning systems on the breathing device were working, but Skiles ignored them.
“It’s up to you to determine why he’s doing that,” Concannon said of evidence that Skiles turned off the oxygen. “Is it because he’s impaired? Is it because he’s inexperienced?”
Skiles, who began diving when he was 13, performed over 7,000 dives and specialized in cave diving, Herman said. Just days after he died, the cover of National Geographic magazine featured one of his last dives – the blue holes of the Bahamas. After his death, National Geographic named him “Explorer of the Year.” Florida’s Peacock Springs Park near Live Oak was renamed Wesley Skiles Peacock Springs Park.
Widow blames scuba-gear firm in underwater photog’s drowning
Crime & Law
By Jane Musgrave - Palm Beach Post Staff Writer
0
Posted: 6:16 p.m. Monday, May 9, 2016
WEST PALM BEACH — The widow of world-renowned underwater photographer Wes Skiles will ask a Palm Beach County jury to award her at least $25 million in damages from a diving equipment company that she claims is responsible for her husband’s drowning off Boynton Beach.
In opening statements of the Palm Beach County Circuit Court trial on Monday, attorney Dustin Herman, who is representing Terri Skiles, claimed Dive Rite Express and Mark Derrick never did appropriate tests to determine if their special underwater breathing apparatus was safe. Dive Rite Express and Derrick were in a joint venture to produce the equipment, which Skiles was using in 2010 while shooting goliath grouper off Boynton Beach for National Geographic.
“This is about failing to do safety testing on a piece of life safety equipment,” Herman said of the death of the 53-year-old North Florida resident. “If a corporation doesn’t do this type of testing, divers will die.”
An attorney representing Broward County resident Derrick countered that Skiles was responsible for his own death.
While an accomplished scuba diver, Skiles wasn’t certified to use the special underwater breathing device, attorney David Concannon told the seven jurors. Concannon also said Skiles was taking Ambien, which is used to treat insomnia, and hydrocodone during the dive.
+
Wes Skiles. (Photo by Aaron E. Daye/Gainesville Sun)
Skiles lost consciousness during an ascent from 83 feet, lost his mouthpiece and drowned.
“We’re going to ask you to find that it’s more likely than not that Mr. Skiles caused his own death,” Concannon said.
The key evidence during the two-week trial will be a roughly 45-minute video of the July 2010 dive, both sides said.
Herman said it will show that the equipment malfunctioned.
Concannon countered that it will show Skiles made many mistakes. It will further show, he claimed, that the warning systems on the breathing device were working, but Skiles ignored them.
“It’s up to you to determine why he’s doing that,” Concannon said of evidence that Skiles turned off the oxygen. “Is it because he’s impaired? Is it because he’s inexperienced?”
Skiles, who began diving when he was 13, performed over 7,000 dives and specialized in cave diving, Herman said. Just days after he died, the cover of National Geographic magazine featured one of his last dives – the blue holes of the Bahamas. After his death, National Geographic named him “Explorer of the Year.” Florida’s Peacock Springs Park near Live Oak was renamed Wesley Skiles Peacock Springs Park.
