Terri Skiles suing Diverite?

[kwinter]

Actually there is a very long relationship between the two companies.

Yes, one is a retailer for the products of the other. Just like your LDS has a relationship with several equipment manufacturers. But to take it further into the area of suspected conspiracy strains my imagination.

[TONY CHANEY]

3. And nothing about the electronics or Juergensen Marine was even mentioned,...

Yes she is and I agree with the broad brush: 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.

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.

"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."

So according to the report: DR performs a maintenance check on the RB and replaces some parts. Wes dies while using it. Hires requested Mark Derrick to check it out. Interesting to me. I have no dog in this fight and don't know all the parties involved but if I was diving an Optima I would want to know the outcome from all of this.

[Benderr]

As my son prepares to head off to start law school, I find myself once again cursing the profession he has chosen. This seems to clearly be a case of suing everyone in the hope of getting a settlement. The thread has gotten a bit off track, so let me add my feelings.

I feel for Terri and her kids. I only met Wes a couple of times and was impressed by what a great guy he was. And I've heard he was a great diver. BUT.....

1. Wes was not trained or certified to dive the Optima and was using a borrowed unit from an acquaintance. Somehow that person seems to have escaped the lawsuit. Makes me wonder....

2. I don't remember any "recall" of AI cells, although there were a lot of problems with them failing a while back. They made changes and started including milivolt test numbers with every cell.

3. There is no relationship between Dive Gear Express, aka Dive Rite Express, aka Fill Express and Dive Rite or Lamartek. There is also no relationship between Dive Rite and Mark Derrick. After an accident, the gear must be examined as part of any investigation. Who should do it? The police or Coast Guard who know nothing about rebreathers? A competing manufacturer or shop that may have an axe to grind? The manufacturer who has its own agenda? No, it seems logical that a dealer with knowledge of the unit but no legal tie to the manufacturer would be a logical choice. Maybe not the best situation, but to assume that an independent dealer would falsify evidence to collaberate with the manufacturer goes beyond my sense of reasonable doubt.

4. If there were "serious quality control issues" and "serious life-threatening defects" that were ignored for years, the safety record of the Optima would not be anywhere near as good as it is. And nothing about the electronics or Juergensen Marine was even mentioned, which I'm sure Don will remind everyone are the weak point of the Optima. I had plenty of problems with my old metal handsets, but none of it had to do with O2 sensors.


So just slap that broad brush around and see where it sticks. Don't concern yourself with the damage it may cause to other people's reputations or business. And conveniently forget that your husband violated written standards by diving equipment he wasn't trained or certified to use, and did so without the bailout safety net that is required by standard. I think I'll go out and borrow a friend's plane even though I'm not trained as a pilot. I'll just tell my wife to sue the manufacturer and the airport I took off from.

I think Russell had a great point.

Unless Dive Rite was baking rabid wolverines inside their casings, I can't see how this would ever get to trial. He had too much training and too much experience. Training and experience that should have told him he was playing Russian Roulette (a unit he wasn't trained on, a unit he didn't personally maintain, no bail-out). I think these guys are going after nuisance value from the insurance companies, and yes, they're casting their net as wide as possible.

If the Coast Guard had anything to do with this, it will explain the unit going anywhere the wind blew it. The Coast Guard "investigations" I've seen so far have been shockingly inept. Seriously, someone watching a single episode of Law & Order could do a better job than what I've seen.

[aainslie]

If the Coast Guard had anything to do with this, it will explain the unit going anywhere the wind blew it. The Coast Guard "investigations" I've seen so far have been shockingly inept. Seriously, someone watching a single episode of Law & Order could do a better job than what I've seen.

yeah, I've had something of a personal involvement in two of these CF's. Not pretty. Why they even pretend to investigate is beyond me.

The one that amused me most was when I was looking over the shoulder of two "investigators" that had generously volunteered to stick their noses where they weren't wanted. They were looking at an Inspiration. As it came apart, I asked where the O-ring on top of the canister was. They asked what I was talking about, and I demonstrated on my rebreather. They thanked me and noted the missing piece.

Here's the fun part. Both people were rebreather instructors, one ON THE UNIT BEING INVESTIGATED!!! And they had no idea how an Inspo Vision went together. So wrong on so many levels.

[skip]

For yours and your families sake, I hope you're not a rebreather diver.



Sent from my DROIDX using Tapatalk 2

I am not a rebreather diver. I was repeating my understanding of what I read on this or another forum at the time of his death. I'm learning all kinds of things on this thread.

skip

[Jim Wyatt]

Lamar Hires allowed his own son to dive this same rebreather. Lamar and son continue to dive this rebreather.

No man would do this unless fully confident in the hardware.

This country desperately needs tort reform.



Jim Wyatt
352-363-0013

[Jax]

So sad that the lawyers would be able to get to Terri Skiles.

Just one more reason to make sure your life insurance is adequate.

[JamesK]

Lamar Hires allowed his own son to dive this same rebreather. Lamar and son continue to dive this rebreather.

No man would do this unless fully confident in the hardware.

This country desperately needs tort reform.



Jim Wyatt
352-363-0013

So very true. A loser pays system would put an end to nonsense such a this. What is sad is that even if the companies involved are guilty of nothing, they could possibly settle because in the long run it could cost them less and they would avoid having their name drug through the mud.

To think that so many good people could have their names soiled because of this, including Wes.

[Benderr]

Lamar Hires allowed his own son to dive this same rebreather. Lamar and son continue to dive this rebreather.

No man would do this unless fully confident in the hardware.

This country desperately needs tort reform.



Jim Wyatt
352-363-0013

So sad that the lawyers would be able to get to Terri Skiles.

Because clearly it's the lawyer's fault?

A lawyer can't just file a lawsuit on their own. The Plaintiff has to bring a suit through the lawyer. She went down to his office, told her story, gave him a list of people to be blamed, and signed a contract to either pay his hourly rate (doubtful) or to pay him a percentage of the recovery if the suit is successful. You're doing EXACTLY what you are complaining about. You are failing to blame the person responsible (Terri) and instead blaming the person that enables her decision to bring a suit (the lawyer).

She should probably also sue all of his instructors, because clearly they failed to teach him the proper safety procedures for diving a rebreather. This country is being ruined by scuba instructors that enable people to travel into alien environments and kill themselves... How dare scuba instructors accept payment from their customers that ask to be trained...

(see how that works?)

[Jax]

Right.

You've obviously not run into the opportunistic ones that do their homework and hit up the grieving family in the middle of the anger cycle, and convince them that *someone* ought to pay.