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Old 03-27-2008, 09:41 AM   #1
Bill McIntyre
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You can sue if the boat leaves you

Judge allows suit by abandoned diver
A Santa Monica man left in the ocean for four hours in 2004 gets the OK to move forward with his case against the trip's organizers.
By David Haldane
Los Angeles Times Staff Writer

March 27, 2008

A scuba diver abandoned off the coast of Newport Beach for four hours in 2004 can go forward with a $4-million lawsuit against the trip's organizers, a Los Angeles County Superior Court judge has ruled.

Dan Carlock of Santa Monica was 46 when he signed up for the dive organized by Ocean Adventures Dive Co. aboard a boat operated by Sun Diver Charters LLC of Huntington Beach.

About 12 miles off the coast, according to Carlock's lawsuit, he got separated from his dive buddy and was left behind; the boat's crew didn't report him missing until after a second dive at a different site.

Eventually, Carlock was rescued by a passing group of Boy Scouts and Sea Scouts on another boat, but not, his lawsuit contends, before suffering "substantial losses, including anguish and shock, embarrassment, humiliation" and skin cancer resulting from exposure to the sun.

Lawyers representing Sun Diver Charters and Ocean Adventures, at whom the lawsuit is aimed, had moved that the judge issue a summary judgment against Carlock on the grounds that, by participating in the dive, he had assumed certain risks -- thereby waiving his right to hold the operators responsible.

Judge Edward A. Ferns disagreed, however, ruling in a decision announced Wednesday that being abandoned at sea is not a risk inherent in the sport.

"Mr. Carlock is elated that the court has applied the law in the meticulous way that it did so as to provide protection for tens of thousands of recreational scuba divers throughout California and the nation," his lawyer, Scott P. Koepke, said Wednesday.

Stephen Hewitt, an attorney representing Ocean Adventures, expressed disappointment.

"All the defendants are united [in their opinion] that this is really an unfortunate accident," he said, "but it's a risk associated with boat diving and scuba diving."

The case is scheduled for trial June 9.
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Old 03-27-2008, 09:45 AM   #2
Chris Oak
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Re: You can sue if the boat leaves you

I always wondered if waivers would help boat owners out on things like this. I remember when I was working fishing tackle I heard a story about some guy who's boat sank and a fishing boat picked him up. He lost his glasses during the pickup and sued the boat owner for damages. Unbelievable.

I'd hate to have people sign waivers but I'm wondering if that's what we are all going to have to do eventually.
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Old 03-27-2008, 09:57 AM   #3
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Re: You can sue if the boat leaves you

Skin Cancer from a four hour float in the ocean??

I guess I'm in alot of trouble.
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Old 03-27-2008, 09:58 AM   #4
Q
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Re: You can sue if the boat leaves you

Hey Bill, can I get a boat ride this weekend?

Kidding aside, skin cancer? 4 mill for a long swim... Yes the Sun Diver Charters should have done a better job at acounting for all divers, but that guy needs to man up a bit. I pay good $$$ for the Peace boat to leave me for hours..

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Old 03-27-2008, 10:02 AM   #5
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Re: You can sue if the boat leaves you

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Originally Posted by Bill McIntyre View Post
Eventually, Carlock was rescued by a passing group of Boy Scouts and Sea Scouts on another boat, but not, his lawsuit contends, before suffering "substantial losses, including anguish and shock, embarrassment, humiliation" and skin cancer resulting from exposure to the sun.
Skin Cancer!?! how long was he left there? That dudes lawyers are going to have a hell of a time proving that skin cancer was caused by his two hours (covered in a wetsuit) floating in the water. That being said, I doubt those two hours were pleasant, but still....cancer?
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Old 03-27-2008, 10:14 AM   #6
Bill McIntyre
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Re: You can sue if the boat leaves you

Yeah, the skin cancer is a stretch. But putting that aside, he might have died from hypothermia if the scouts had not been playing lookout and barely spotted him in the fog.
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Old 03-27-2008, 10:15 AM   #7
Tino Bernazzani
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Re: You can sue if the boat leaves you

This guy must have been a real a$# for his dive buddy to ditch him and then not tell anyone that he never got on the boat.
Just another case of some jacka$# not taking responsibility for their own actions.
One good reason to always make friends with the person checking you out while diving on a cattle boat.
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Old 03-27-2008, 10:21 AM   #8
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Re: You can sue if the boat leaves you

I'm on the side of the diver, whether he's an ass or not. If you run a dive boat, you better be dam sure everyone gets back on board. Someone could be sitting at the bottom of the reef dead or in serious trouble. Skin cancer is pushing it though.
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Old 03-27-2008, 11:15 AM   #9
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Re: You can sue if the boat leaves you

note the LLC on the end of the SunDiver title...means limited liability to the company only, ...their office is rented, as is the mooring dock...they can't touch his personal assets and by the time the attorneys get paid, there probably won't be much to sail away on...

Last edited by Bob Ballew; 03-29-2008 at 10:42 PM.
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Old 03-27-2008, 11:16 AM   #10
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Re: You can sue if the boat leaves you

Well one things for certain, other operators will definitely be a little more dilligent with their counts. Four million seems excessive though.
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Old 03-27-2008, 11:17 AM   #11
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Re: You can sue if the boat leaves you

I would have sued for at least 5.....
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Old 03-27-2008, 11:33 AM   #12
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Re: You can sue if the boat leaves you

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Originally Posted by dpc View Post
I'm on the side of the diver, whether he's an ass or not. If you run a dive boat, you better be dam sure everyone gets back on board. Someone could be sitting at the bottom of the reef dead or in serious trouble. Skin cancer is pushing it though.
I agree. The "buddy" and the Captain should be keel hauled!

the guy left was very lucky that he was found quickly - and so is the Captain... or he might be in jail now.

A few years ago at Catalina I called a dive boat back after one of there divers came up 15 minutes after the boat had left. The Captn didn't have a clue when I called him.

How hard is it to count divers on the boat? ? or for a buddy to speak up? ?

Another day at Cat, a dive boat anchored on a next to the cove where we were anchored............. one of there divers didnt come back...... buddy said he just lost him in the darkness...???? vis was easy 30+'

guards found his body about 6 hours later.............

yes, we all should be responsible for our own actions..... but we should be able to depend on a Captain not to drive off and leave us!

you need a buddy and a boat captain you can depend on.

mike ploessel
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Old 03-27-2008, 11:42 AM   #13
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Re: You can sue if the boat leaves you

I always wondered what happen to that story, he deserves every dollar he gets, you pay for a trip and for being safe. And they forgot him. That happen right after that movie about being stranded in the water..

Also when I bring people out I am responsable for them. I invited them and they are under my custidy even it they are adults.

I NEVER invite newbies, or people I really don't know or don't have a reputation for being good divers.

So for all you boat owners that need some extra gas and think they can go to spearboard and ask some of use to join them, be warned now.. You can get sued for leaving his glass in the water even if it isn't your falt..

Larry
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Old 03-27-2008, 11:43 AM   #14
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Re: You can sue if the boat leaves you

there should always be a double roll call ...there are several cases where the divers were talking as roll was called and the captain thought someone answered up..only to find out later the guy was still underwater...
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Old 03-27-2008, 11:52 AM   #15
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Re: You can sue if the boat leaves you

{knock on wood}
I am glad I never had to dive off a charter boat.
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