Wesley Skiles' widow suing over rebreather

[bowlofpetunias]

Thanks for the update. I was and still is a terrible loss for all involved.

 

[billgraham]

I've been diving CCR's for about 9 years and practicing law for about 20. I didn't know Wes other than to say hello when I saw him at the springs. A couple of points . . .

I'm not a Florida attorney, but the statute of limitations for Wrongful Death is pretty short here in New York, so Wes' family probably had to file a suit quickly or lose their rights forever.

In a product liability suit, it's important to name everyone involved in the chain of production or distribution or risk the liability being assigned to someone not named in the suit, that's why everyone was named. If the case was about getting electricuted by a toaster, you'd have the manufacturers of every component of that toaster, together with the distributors, in the lawsuit.

I read the complaint and it seems to me that a lot of time and care went into the research of the causes of action and it's clear to me that the law firm has an understanding of CCR's and the physics of diving.

A complaint makes every claim that can be asserted for the plaintiff. Often, claims and parties get dismissed out of the case on motions after discovery of the facts. If you were to read the answers in the case, you'd see that the defendants deny most of the allegations in the complaint. I'd guess that over 90% of civil litigations settle prior to trial. This has more to do with the expense of litigation than anything else.

Regardless of how we feel about these types of lawsuits as divers, our families undoubtedly feel a lot differently when these terrible accidents occur and we don't control what happens when we're no longer here, that's the reality. I'd be very reluctant to criticize Wes' family here . . .

 

[Superlyte27]

Regardless of how we feel about these types of lawsuits as divers, our families undoubtedly feel a lot differently when these terrible accidents occur and we don't control what happens when we're no longer here, that's the reality. I'd be very reluctant to criticize Wes' family here . . .

I'm not. There are rules and guidelines in place for all types of diving. Wes chose the most complicated piece of equipment used in diving, and ignored every single protocol. He wasn't trained on the unit. He didn't know how the unit worked. He had no bailout. He had no dive buddy (which may or may not have saved him). I'm sorry, but when you screw up that many times and so severely, sometimes it kills you. That's no one's fault but your own.

Yes, I get that Wes's finances were a mess. I get that he didn't adequately provide for his family in the event of his death. I understand that things are tough for his wife and children. But it's not Dive Rite's, Teledyne's, DGE's or anyone else's responsibility to fix that. It's harsh. It's not popular. But it's the truth.

Guys, if you're going to dive at this level, follow the friggin protocols set by the people who know. Guys, if you're going to dive at this level, get some friggin life insurance to save your family.

 

[Dsix36]

<snip> I'd be very reluctant to criticize Wes' family here . . .

I would not and have not been hesitant to voice my opinion that this lawsuit is completely unfounded and I think that Wes' widow should have went and got a job instead of looking for a handout from a lawsuit. I also think she should pay all of Mark's legal fees and be counter sued for loss of income and damage of reputation.

I'm not. There are rules and guidelines in place for all types of diving. Wes chose the most complicated piece of equipment used in diving, and ignored every single protocol. He wasn't trained on the unit. He didn't know how the unit worked. He had no bailout. He had no dive buddy (which may or may not have saved him). I'm sorry, but when you screw up that many times and so severely, sometimes it kills you. That's no one's fault but your own.

Yes, I get that Wes's finances were a mess. I get that he didn't adequately provide for his family in the event of his death. I understand that things are tough for his wife and children. But it's not Dive Rite's, Teledyne's, DGE's or anyone else's responsibility to fix that. It's harsh. It's not popular. But it's the truth.

Guys, if you're going to dive at this level, follow the friggin protocols set by the people who know. Guys, if you're going to dive at this level, get some friggin life insurance to save your family.

I agree entirely

 

[Griffo]

So are Lamar and Dive-Rite still on the hook for this suit? Or is that the complete end of it.

 

[HIGHwing]

...I also think she should pay all of Mark's legal fees and be counter sued for loss of income and damage of reputation.

I agree completely.

 

[ajduplessis]

Karma is a b!tch. Enjoy your diving gentlemen!

 

[kwinter]

Karma is a b!tch. Enjoy your diving gentlemen!

Did something happen in the case? Or was this just a trolling post after 6 months?

 

[AfterDark]

Did something happen in the case? Or was this just a trolling post after 6 months?

Found it for you Page 32 post 160.

---------- Post added November 29th, 2013 at 06:13 PM ----------

So are Lamar and Dive-Rite still on the hook for this suit? Or is that the complete end of it.

"We are now pleased to report that after Mr. Derrick’s deposition was taken and the facts of the case were made known to all parties concerned, Mrs. Skiles dismissed all counts of her Complaint against Mr. Derrick, Dive Gear Express LLC and Fill Express LLC with prejudice and with no funds being paid to the Skiles’ family. Mr. Derrick hopes this updated information will set the record straight and repair any damage that his reputation or that of his companies may have sustained as a result of the filing of this lawsuit. "

 

[kwinter]

Found it for you Page 32 post 160.

Thanks for stating the obvious. The dismissal against DGE was discussed in June. The post I referred to was made 6 months later and was very cryptic and could have been posted in any thread on SB. Hence my question about being a troll, which still stands.

Post #166 - June
Post #167 - November