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Date: Sun, 11 Jul 1999 01:40:26 -0500
From: "Alton J. Hall, Jr." <ahall@di*.co*>
Organization: Delise, Amedee, Hall & Hidalgo
To: msteingart@ca*.co*
CC: Jim Cobb <cobber@ci*.co*>, Tech Diver <techdiver@aquanaut.com>,
     VB Tech
Subject: Re: Juno Death
Dear Mark:

The law of Admiralty is very complicated especially when dealing with a case in
which a death has occurred. That is the reason that there are those of us who
concentrate our practice in this area. With regard to suing the military, I
suggest you review the Suits in Admiralty Act and The Federal Torts Claim Act.
Also you may want to consider the fact that this was a commercial and not
recreational dive. Accordingly numerous Federal statutes apply as to how the
dive
should have been conducted and what equipment was required both underwater and
topside. If we can ever assist you in any way please contact me.

Alton J. Hall, Jr.

http://www.divelawyer.com/

Mark Steingart wrote:

> Well,
>
> To be quite honest, I doubt the competency of any lawyer who says he is going
> to sue any branch of the U.S. Armed Forces. As any idiot can tell you, they
> are totally protected by Federal Law from civil litigation even if they cause
> death due to negligence, destroy your reputation due to slander or libel,
> make false accusations or anything else.
> If you don't believe me, ask the family of Seaman Hartwig (USS Iowa).
>
> Additionally individual members of the armed forces are protected under the
> same federal act, from civil litigation as long as they were acting as agents
> of the government when the questionable act occured. Translation: A Soldier
> or Sailor who kills someone while drunk driving may be sued, however if he
> kills someone while drunk driving on duty, you will have one hell of a time
> trying to sue him, even though he may still be disciplined by the military as
> well as prosecuted by the civil authorities.
>
> Steingart
>
> >
> >
> > I think it really sucks when a diver dies. In some situations people
> > should pay. In other situations the money grubbing is really sickening.
> > Suing the Navy and Coast Guard, just how far does this idiot lawfirm
> > think they are going to get with that? Now one tragedy is going to be
> > compounded by several more. And the only thing which will be accomplished
> > is the lining of the pockets of a bunch of money-grubbing shyster
> > lawyers. This sport is not fun anymore.
> >
> >    Jim
> >
> >  -------------------------------------------------------------------
> >  Learn About Trimix at http://www.cisatlantic.com/trimix/trimix.html
> >
> > --
> > Send mail for the `techdiver' mailing list to `techdiver@aquanaut.com'.
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>
> --
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