Whatever happened with "Drifting Dan?"

[DwayneJ]

The captain/shop relationship may not be controlling when it comes to the passenger/captain relationship.

Its about the physical layout of the vessel and not about the legal relationship. The captain cannot be up above on the bridge of the vessel managing the boat and down below counting divers at the same time.

Dwayne

 

[Big John]

I wonder if they are getting the number of divers perhaps confused with the number of miles offshore Dan may have been found. Seven is a very small contingent for a shop charter on the Sundiver. I too recalled the number of divers previously being reported at around 20 before I saw the recent quote from the DM.

Just a supposition here but the 7 quote could well have been the number of divers the DM was responsible for. On many guided dives I have been on the DM's each have a group assigned to them. For example all OW divers dive with DM A and all AOW divers are with DM B. Not sure if this is the case, but an explanation how a DM might have 7 divers on a trip with 20 aboard.

 

[merxlin]

I believe (and may be wrong) that there were 7-8 divers in the water, but 20-21 on the boat. Only 1/3 did the first dive at the rig, and that there was only 1 DM responsible for all the divers, at least as far as the check out/check in and roll call. There was no DM guide.

 

[Teamcasa]

This seems relevant:
You can delegate authority but you can't delegate responsibility.

That's all I've been saying.

There is no doubt that Captain Ray is a competent and skilled skipper along with being a credit to the SoCal diving scene. His only fault came in relying on someone else that apparently not as competent. He is not likely to make the same choice in the future.

As for the lawsuit, Ray has insurance and the DM does not. Simple as that.

 

[Teamcasa]

Maybe this case is not as simple as some had thought.
Judge declares mistrial in stranded diver case - ContraCostaTimes.com

 

[Scott L]

Maybe this case is not as simple as some had thought.
Judge declares mistrial in stranded diver case - ContraCostaTimes.com

That's what happens when insurance companies pay defense attorney's by the hour...

 

[Peter Guy]

Fascinating bit of news and one I can certainly believe would upset everyone. I find it incredible that the Court would, on its own motion and for the stated reason, declare a mistrial. That, to me, is a classic case of abuse of power.

Anyone want to take bets on whether the judge has an Easter vacation planned?

 

[fisheater]

Fascinating bit of news and one I can certainly believe would upset everyone. I find it incredible that the Court would, on its own motion and for the stated reason, declare a mistrial. That, to me, is a classic case of abuse of power.

Anyone want to take bets on whether the judge has an Easter vacation planned?

My thoughts, as well.

I've never heard of a mistrial over BOTH sides' objections. The time and money spent thus far is simply too much to be thrown away by a judge because of inconvenience to the Court.

 

[drbill]

I would agree that based on what I've read about the mistrial declaration I think the judge acted improperly. However, I'm glad the stress of the trial is off for Ray and his team.

 

[fisheater]

I would agree that based on what I've read about the mistrial declaration I think the judge acted improperly. However, I'm glad the stress of the trial is off for Ray and his team.

But it's not! They'll have to do this all over again.