Wesley Skiles' widow suing over rebreather

[DandyDon]

From Courthouse News Service

WEST PALM BEACH (CN) - Well-known National Geographic filmmaker Wesley Skiles drowned while shooting underwater because his Dive Rite scuba gear malfunctioned, his widow claims in Palm Beach County Court.
Terri Skiles claims that Dive Rite knew its oxygen monitoring system had a propensity to malfunction because it had been recalled multiple times, but Dive Rite ignored "serious quality control issues" and tampered with the scuba equipment evidence after the fatality.
Terri Skiles sued Lamartek Inc. dba Dive Rite; Dive Gear Express LLC fka Dive Rite Express; Fill Express LLC aka Dive Rite Express; Mark E. Derrick; Juergensen Marine Inc. and Analytical Industries Inc.
She alleges negligence, strict liability, breach of warranty, conspiracy to spoliate evidence, and civil conspiracy.
Terri Skiles claims that in July 2010 her husband borrowed a used Dive Rite O2ptima FX Rebreather from a third party.
A rebreather works like an air tank, but instead of releasing the exhalations, it filters out the carbon dioxide for the user to rebreathe.
The third party brought the rebreather to Dive Rite for a maintenance check, and after Dive Rite replaced a few parts, it said the rebreather was good to go, Skiles says in the complaint.
She says her husband used the rebreather while working in Boyton Beach to try to get footage of Goliath Groupers for National Geographic's film "Speed Kills."
However, the widow says: "Due to an unexpected catastrophic failure of the subject 02ptima FX rebreather during the dive, Wesley Skiles passed out underwater and died. This tragedy would not have occurred but for the tortious conduct of defendants Dive Rite, Dive Rite Express, Mark Express, Jurgensen Marine Inc. and Analytical Industries Inc. The subject rebreather was being used as intended at the time of the incident and in a manner reasonably foreseeable by the defendants.
"Thereafter, Mark Derrick and Dive Rite Express acting in a joint venture with and/or as an agent of defendant Dive Rite interfered with the investigation into the death of Wesley Skiles when, at the request of Hires [the owner of Dive Rite], Mark Derrick conducted the inspection of the subject 02ptima FX rebreather, which resulted in the spoliation of evidence in this case."
Skiles says her husband's death could have been prevented: "In the years preceding the incident, Dive Rite was aware of serious quality control issues with the 02ptima FX rebreather. In fact, Hires was warned several times that because of the hasty manner in which the 02ptima FX rebreather was being assembled, the electronics and oxygen sensors on the 02ptima FX rebreather were being damaged by unknown sources of moisture leading to catastrophic failures, and that such failures would occur in such a way as to give the diver absolutely no warning of the failure.
"Additionally, all defendants knew of problems associated with the oxygen sensors being used in the 02ptima FX rebreather. Batches of oxygen sensors purchased from defendant Analytical Industries Inc. had been recalled in 2007, and subsequent batches continued to contain defective sensors.
"Moreover, the U. S. Consumer Product, Safety Commission issued a recall on December 22, 2009 for Dive Rite Wings because of defective over-pressure valve springs, which could rust and fail allowing the buoyancy compensator devices to leak, posing a drowning hazard to divers.
"Dive Rite and the other defendants disregarded these serious life-threatening defects in the 02ptima FX rebreather," according to the complaint.
Wesley Skiles was experienced at his work, his widow says: "Over his career, Wesley Skiles became one of the most well-known and well respected underwater cinematographers in the world. He founded his own cinematography company, Karst Productions, and shot underwater films for National Geographic, PBS, A&E, and Discovery Channel, directed the IMAX film 'Journey Into Amazing Caves,' and produced the acclaimed television series 'Water's Journey.' He won dozens of international awards far his effects, including Beneath the Sea's Diver of the Year and HDFEST's award far Best Cinematography. ...
"After his death, National Geographic named Wesley Skiles Explorer of the Year and Florida's Peacock Springs State Park was renamed in honor of Wesley Skiles and is now called Wesley Skiles Peacock Springs State Park."
Terry Skiles seeks damages for wrongful death, deceptive trade, conspiracy to spoliate evidence, negligent spoliation of evidence, breach of warranty, costs and funeral expenses.
Her lead counsel is John Romano.

 

[Jim Lapenta]

WOW! Did not see that coming.

 

[dumpsterDiver]

An old thread on his death.


http://www.scubaboard.com/forums/ac...ill-remain-mystery-medical-examiner-says.html

 

[koozemani]

Please keep us informed

 

[Dsix36]

I will probably get shot down in flames for this, but I am going to say it anyway. I have met Wes and thought he was a great guy. His death was a great loss to both the cave diving community and the people who's lives he touched. I might be the only person to think this way, but this law suit is complete BS. I say this with the perspective of having trained on the Optima rebreather and dived with it for over a year.

 

[wedivebc]

An old thread on his death.


http://www.scubaboard.com/forums/ac...ill-remain-mystery-medical-examiner-says.html

Apparently Wes' widow has found a shyster who was able to unravel the my$tery

 

[JamesK]

I will probably get shot down in flames for this, but I am going to say it anyway. I have met Wes and thought he was a great guy. His death was a great loss to both the cave diving community and the people who's lives he touched. I might be the only person to think this way, but this law suit is complete BS. I say this with the perspective of having trained on the Optima rebreather and dived with it for over a year.

In my limited knowledge of the case and o the Optima rebreather, I am not the person who should be commenting much in this. However, I agree with you on this one. I see this as a grieving widow trying to place blame and make sense of a tragedy.

 

[stairman]

Sorry to hear of this.

 

[OldNSalty]

A single death, in and of itself would not make me think that there was a design flaw in the equipment...but the jury will probably be packed with people ignorant of SCUBA and picked to render verdicts based on emotion.

 

[Thalassamania]

John Romano is hardly a shyster . Terri Skyles is hardly a fool. Some of the claims look rather damning, others (e.g., the defective spring) look irrelevant. If I were advising the defense (this ones for free) I'd suggest that they hammer hard on, "where's his buddy?", the inherent dangers of all rebreathers and poor safety record of civilian rebreathers when compared to open circuit gear.