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Date: Sat, 09 Feb 2002 14:50:55 -0500
To: Wahoodiver@ao*.co*, Bakalite@ba*.co*, vbtech@ci*.co*,
     FLTechDiver@mikey.net, EANX@ao*.co*
From: Capt JT <captjt@mi*.co*>
Subject: Re: Diver Responsibility
Cc: techdiver@aquanaut.com
--=====================_15278630==_.ALT
Content-Type: text/plain; charset="us-ascii"; format=flowed

Capt. Steve
You have been around a long time, it is not my intention to totally smash 
your dick in front of everyone, so I will also smash mine at the same time 
as I do yours.

We both have had the unfortunate trips were divers have lost their life. 
For me the hard one was a friend name Tai Wilkerson. When his body popped 
to the surface we had no idea what had happen. Before the stand by diver 
could get his drysuit zipped and his fins on, I had already jumped off the 
bow of the boat with a line in my hand, the water was 41 degrees, I had 
nothing on but sweat pants. It was a hard task for me to hold on to him as 
they pulled the rope with me while holding on to him, all kinds of 
instructions from the boat were being yelled, I did all I could. I could 
hardly hear them. Not even once was I able to hold his head up and still 
hold onto the line that pulled us up to the boat during the rescue attempt. 
I'm sure I was feeling the effects of hypothermia, but I was able to hang 
on long enough to get him to the boat and on the deck for CPR. I am not a 
very strong surface swimmer. At that time I was also very lean and had been 
going to the gym. Once I got on some dry cloths, I put myself in the 
rotation to preform CPR. For nearly 2 hrs we did this before the CG 
arrived. Once they took him the handful that was doing CPR was totally 
drained. Tai was dead....... His death, the accident, and the lawsuit are 
well documented in the archives. The dropping of that lawsuit can be seen 
on my site, it should never have been filed from the start. Personally I 
thought everyone did all they could, those that did do CPR for that long 
were in my mind heros, but the family, their lawyer, and even some on this 
list chose to call us something else.

Now its your turn, please tell me why you chose to let Tony Mafatone dive 
that rig off your boat and die, who jumped in and pulled him to the boat, 
did they hold his head up, what was the crew on the boat yelling, do you 
even know. It is well known that a huge debate was going on this list the 
days before and the day he died about that rig he was wearing, I called it 
the death rig. How come every diver who saw him dive said he would die in 
that rig and you let him do it on your boat, why couldn't you see what 
everyone else could. Please explain yourself if you can......

You have a beef with the boat "Seeker", he is your main reason for reducing 
your Doria trips, he was taking your business away, that is the ax to grind 
for you and the reason you are saying what you are. Read what you yourself 
just wrote:

>ps: the captain and crew of any dive boat has the responsability and right 
>to stop any diver from entering the water for any reason they see fit, 
>from improper attutidude to you dont belong here and all the other reason 
>in between, and you dont get any money refunded.
>captain steve bielenda







                At 11:44 AM 2/9/02 -0500, Wahoodiver@ao*.co* wrote:
>Capt. Jt;
>Based on the entire CG report about 75 pages long my question to you is;
>How did Murley die, The CG report stated he drown at the surface, what has 
>a waiver have to do with the situation, Murley can't waive someone else 
>negligence.only his own. When someone in trouble at the surface screaming 
>and thrashing with two people assisting him, how and why did he 
>drown?  One of the deck people watching, told the rescuer "his head is 
>underwater" ?????????????
>What has a wavier to do with this situtation?
>ps: the captain and crew of any dive boat has the responsability and right 
>to stop any diver from entering the water for any reason they see fit, 
>from improper attutidude to you dont belong here and all the other reason 
>in between, and you dont get any money refunded.
>captain steve bielenda
>
>In a message dated 2/8/2002 4:45:22 PM Eastern Standard Time, 
>Bakalite@ba*.co* writes:
>
>
>>Subj:Re: Diver Responsibility
>>Date:2/8/2002 4:45:22 PM Eastern Standard Time
>>From:<mailto:Bakalite@ba*.co*>Bakalite@bakalite.com
>>To:<mailto:vbtech@ci*.co*>vbtech@cisatlantic.com, 
>><mailto:FLTechDiver@mikey.net>FLTechDiver@mikey.net, 
>><mailto:EANX@ao*.co*>EANX@aol.com
>>CC:<mailto:techdiver@aquanaut.com>techdiver@aquanaut.com
>>Sent from the Internet
>>
>>
>>
>>John, I don't think you are being naive.  The people who took this
>>guy diving deserve everything they get, but it is important that dive
>>operators have some protection from lawsuits, and that is usually
>>where the waiver comes in.  If you buy a beer because you saw in the
>>commercials that all the guys who drink beer get the girls, but then
>>instead of getting girls you become a drunk, do you think you should
>>be able to sue the beer company?  At some point people need to take
>>responsibility for themselves, because if the law tries to do it we
>>are all going to get screwed.
>>
>>
>>John Mason Jr"." wrote:
>>~
>> >JT,
>> >I agree Christopher Murley made the decision to dive signed the waivers and
>> >went diving, all his choice. I agree that you should be prepared for dying.
>> >You are also correct about families wanting to blame someone. Personally I
>> >think you signed, your responsibility, end of story. But in this case it
>> >seems that people had the attitude of he signed the waiver cash the check,
>> >instead of you don't belong here waiver or not. This may be a little naive,
>> >it is just my opinion.
>> >
>> >John
>> >----- Original Message -----
>> >From: "Capt JT" <captjt@mi*.co*>
>> >To: <vbtech@ci*.co*>; <FLTechDiver@mikey.net>;
>> ><vbtech@ci*.co*>; <EANX@ao*.co*>
>> >Cc: <techdiver@aquanaut.com>
>> >Sent: Thursday, February 07, 2002 5:59 PM
>> >Subject: Re: Diver Responsibility
>> >
>> >
>> >>  John, have you  ever seen a Doria wavier from the Seeker? The one I have
>> >>  states " I have been given the opportunity to review this document with
>> >>  both my family and legal counsel." that is  initialed and notarized long
>> >>  before you ever get on the boat.
>> >>
>> >>  We as humans will die as part of living, one must face the fact that 
>> he or
>> >>  she will someday die. Nothing will change this, that is reality. That is
>> >>  why we make wills and prepare of families for this event.  Those who do
>> >not
>> >>  accept this fact will surely leave their family in debt and screwed.
>> >>
>> >>  Often families want to blame someone else for this poor planning and to
>> >>  relieve the burden and guilt they feel for not being more involved 
>> in the
>> >>  deceased persons life. Clearly,  Lawyers  have different reasons for
>> >>  pursuing these cases and justice has nothing to do with it.
>> >>
>> >>
>> >>
>> >>
>> >>  Mason Jr"." wrote:
>> >>  >Curt,
>> >>  >I agree that personal responsibility is the key. However in this case I
>> >>  >think some folks should have dissuaded this gentleman from doing this
>> >kind
>> >>  >of diving instead of  enabling it. It has a bit of moral/ethical
>> >messiness
>> >>  >to accept money from someone who by all accounts should not be 
>> there just
>> >>  >because he signed a waiver.
>> >>  >
>> >>  >John Mason
>> >>  >----- Original Message -----
>> >>  >From: <EANX@ao*.co*>
>> >>  >To: <dell@di*.co*>; <trimix@ho*.co*>; 
>> <aocfishman@ho*.co*>;
>> >>  ><FLTechDiver@mikey.net>; <vbtech@ci*.co*>
>> >>  >Cc: <techdiver@aquanaut.com>
>> >>  >Sent: Thursday, February 07, 2002 2:14 PM
>> >>  >Subject: Diver Responsibility
>> >>  >
>> >>  >
>> >>  > > Again, another case of family members trying to make an excuse for a
>> >love
>> >>  >one
>> >>  > > lost.
>> >>  > >
>> >>  > > If you sign a waiver saying you accepts the risk involved then it
>> >should
>> >>  >be
>> >>  > > written in stone. All we need is one case being lost because of some
>> >>  >crafty
>> >>  > > (crooked) lawyer and all our diving could go to pot.
>> >>  > >
>> >>  > > Divers and their families need to start taking responsibility 
>> for what
>> >>  >ever
>> >>  > > they get themselves involved with.  If not, then maybe they should
>> >stay
>> >>  >home
>> >>  > > in bed, but then again they might sue the mattress company for bed
>> >sores.
>> >>  > >
>> >>  > > This includes all divers, no matter their physical fitness.
>> >>  > >
>> >>  > >
>> >>  > >
>> >>  > > Curt Bowen
>> >>  > >
>> >>  > > Publisher Advanced Diver Magazine
>> >>  > > 941-751-2360 Office
>> >>  > > www.advanceddivermagazine.com
>> >>  > > AdvDvrMag@ao*.co*
>> >>  > >
>> >>  > >
>> >>  > > Mailing address
>> >>  > > Advanced Diver Magazine
>> >>  > > 3115 48th Ave. Dr. East
>> >>  > > Bradenton, FL 34203  USA
>> >>  > >
>> >>  > >
>> >>  > > Rule of Exploration
>> >>  > > "Publish or Perish"
>> >  > > > ============================================================
>> >>  > > To contact the list administrator, email
>> >>  > > Mike Rodriguez at mikey@mi*.ne*
>> >>  > > To UNSUBSCRIBE from this list, send a message to:
>> >>  > > listserv@mi*.ne*
>> >>  > > and in the *BODY* of the message type:
>> >>  > > unsubscribe FLTechDiver
>> >>  > >
>> >>  >
>> >>  >
>> >>  >
>> >>  ><< Send subscribe/unsubscribe/help requests to
>> >VBTech-request@ci*.=
>> >>  >com >>
>> >>
>> >>  "You can't learn to dive on the net, sooner or later you have to get in
>> >the
>> >>  water"
>> >>
>> >>  Your Guide to Great Wreck Diving along the East Coast & more
>> >>    Web Site  http://www.capt-jt.com/
>> >>  Email     captjt@mi*.co*
>> >>
>> >>
>> >>
>> >>
>> >>  << Send subscribe/unsubscribe/help requests to
>> >VBTech-request@ci*.=
>> >>  com >>
>> >>
>> >
>> >
>> >
>> ><< Send subscribe/unsubscribe/help requests to VBTech-request@ci*.=
>> >com >>
>>
>>
>>--
>>Paul B.
>>--
>>Send mail for the `techdiver' mailing list to `techdiver@aquanaut.com'.
>>Send subscribe/unsubscribe requests to `techdiver-request@aquanaut.com'.
>

"You can't learn to dive on the net, sooner or later you have to get in the 
water"

Your Guide to Great Wreck Diving along the East Coast & more
  Web Site  http://www.capt-jt.com/
Email     captjt@mi*.co*


--=====================_15278630==_.ALT
Content-Type: text/html; charset="iso-8859-1"
Content-Transfer-Encoding: quoted-printable

<html>
Capt. Steve<br>
You have been around a long time, it is not my intention to totally smash
your dick in front of everyone, so I will also smash mine at the same
time as I do yours.<br>
<br>
We both have had the unfortunate trips were divers have lost their life.
For me the hard one was a friend name Tai Wilkerson. When his body popped
to the surface we had no idea what had happen. Before the stand by diver
could get his drysuit zipped and his fins on, I had already jumped off
the bow of the boat with a line in my hand, the water was 41 degrees, I
had nothing on but sweat pants. It was a hard task for me to hold on to
him as they pulled the rope with me while holding on to him, all kinds of
instructions from the boat were being yelled, I did all I could. I could
hardly hear them. Not even once was I able to hold his head up and still
hold onto the line that pulled us up to the boat during the rescue
attempt. I'm sure I was feeling the effects of hypothermia, but I was
able to hang on long enough to get him to the boat and on the deck for
CPR. I am not a very strong surface swimmer. At that time I was also very
lean and had been going to the gym. Once I got on some dry cloths, I put
myself in the rotation to preform CPR. For nearly 2 hrs we did this
before the CG arrived. Once they took him the handful that was doing CPR
was totally drained. Tai was dead....... His death, the accident, and the
lawsuit are well documented in the archives. The dropping of that lawsuit
can be seen on my site, it should never have been filed from the start.
Personally I thought everyone did all they could, those that did do CPR
for that long were in my mind heros, but the family, their lawyer, and
even some on this list chose to call us something else.<br>
<br>
Now its your turn, please tell me why you chose to let Tony Mafatone dive
that rig off your boat and die, who jumped in and pulled him to the boat,
did they hold his head up, what was the crew on the boat yelling, do you
even know. It is well known that a huge debate was going on this list the
days before and the day he died about that rig he was wearing, I called
it the death rig. How come every diver who saw him dive said he would die
in that rig and you let him do it on your boat, why couldn't you see what
everyone else could. Please explain yourself if you can......<br>
<br>
You have a beef with the boat "Seeker", he is your main reason
for reducing your Doria trips, he was taking your business away, that is
the ax to grind for you and the reason you are saying what you are. Read
what you yourself just wrote:<br>
<br>
<font face=3D"arial" size=3D2><blockquote type=3Dcite cite>ps: the
captain a=
nd
crew of any dive boat has the responsability and right to stop any diver
from entering the water for any reason they see fit, from improper
attutidude to you dont belong here and all the other reason in between,
and you dont get any money refunded.<br>
captain steve bielenda</font></blockquote><br>
<br>
<br>
<br>
<br>
<br>
<br>
            
  At 11:44 AM 2/9/02 -0500, Wahoodiver@ao*.co* wrote:<br>
<font face=3D"arial" size=3D2><blockquote type=3Dcite cite>Capt.
Jt;<br>
Based on the entire CG report about 75 pages long my question to you is;
<br>
How did Murley die, The CG report stated he drown at the surface, what
has a waiver have to do with the situation, Murley can't waive someone
else negligence.only his own. When someone in trouble at the surface
screaming and thrashing with two people assisting him, how and why did he
drown?  One of the deck people watching, told the rescuer "his
head is underwater" ?????????????<br>
What has a wavier to do with this situtation?<br>
ps: the captain and crew of any dive boat has the responsability and
right to stop any diver from entering the water for any reason they see
fit, from improper attutidude to you dont belong here and all the other
reason in between, and you dont get any money refunded.<br>
captain steve bielenda<br>
<br>
In a message dated 2/8/2002 4:45:22 PM Eastern Standard Time,
Bakalite@ba*.co* writes:<br>
<br>
<br>
<blockquote type=3Dcite cite>Subj:<b>Re: Diver Responsibility
</b><br>
Date:2/8/2002 4:45:22 PM Eastern Standard Time<br>
From:<a href=3D"mailto:Bakalite@ba*.co*">Bakalite@bakalite.com</a><br>
To:<a href=3D"mailto:vbtech@ci*.co*">vbtech@cisatlantic.com</a>,
<a href=3D"mailto:FLTechDiver@mikey.net">FLTechDiver@mikey.net</a>,
<a href=3D"mailto:EANX@ao*.co*">EANX@aol.com</a><br>
CC:<a
href=3D"mailto:techdiver@aquanaut.com">techdiver@aquanaut.com</a><br>
<i>Sent from the Internet </i><br>
<br>
<br>
<br>
John, I don't think you are being naive.  The people who took this
<br>
guy diving deserve everything they get, but it is important that dive
<br>
operators have some protection from lawsuits, and that is usually <br>
where the waiver comes in.  If you buy a beer because you saw in the
<br>
commercials that all the guys who drink beer get the girls, but then
<br>
instead of getting girls you become a drunk, do you think you should
<br>
be able to sue the beer company?  At some point people need to take
<br>
responsibility for themselves, because if the law tries to do it we=20
<br>
are all going to get screwed.<br>
<br>
<br>
John Mason Jr"." wrote:<br>
~<br>
>JT,<br>
>I agree Christopher Murley made the decision to dive signed the
waivers and<br>
>went diving, all his choice. I agree that you should be prepared for
dying.<br>
>You are also correct about families wanting to blame someone.
Personally I<br>
>think you signed, your responsibility, end of story. But in this case
it<br>
>seems that people had the attitude of he signed the waiver cash the
check,<br>
>instead of you don't belong here waiver or not. This may be a little
naive,<br>
>it is just my opinion.<br>
><br>
>John<br>
>----- Original Message -----<br>
>From: "Capt JT" <captjt@mi*.co*><br>
>To: <vbtech@ci*.co*>;
<FLTechDiver@mikey.net>;<br>
><vbtech@ci*.co*>; <EANX@ao*.co*><br>
>Cc: <techdiver@aquanaut.com><br>
>Sent: Thursday, February 07, 2002 5:59 PM<br>
>Subject: Re: Diver Responsibility<br>
><br>
><br>
>>  John, have you  ever seen a Doria wavier from the
Seeker? The one I have<br>
>>  states " I have been given the opportunity to review
this document with<br>
>>  both my family and legal counsel." that is 
initialed and notarized long<br>
>>  before you ever get on the boat.<br>
>><br>
>>  We as humans will die as part of living, one must face the
fact that he or<br>
>>  she will someday die. Nothing will change this, that is
reality. That is<br>
>>  why we make wills and prepare of families for this
event.  Those who do<br>
>not<br>
>>  accept this fact will surely leave their family in debt
and screwed.<br>
>><br>
>>  Often families want to blame someone else for this poor
planning and to<br>
>>  relieve the burden and guilt they feel for not being more
involved in the<br>
>>  deceased persons life. Clearly,  Lawyers  have
different reasons for<br>
>>  pursuing these cases and justice has nothing to do with
it.<br>
>><br>
>><br>
>><br>
>><br>
>>  Mason Jr"." wrote:<br>
>>  >Curt,<br>
>>  >I agree that personal responsibility is the key.
However in this case I<br>
>>  >think some folks should have dissuaded this gentleman
from doing this<br>
>kind<br>
>>  >of diving instead of  enabling it. It has a bit
of moral/ethical<br>
>messiness<br>
>>  >to accept money from someone who by all accounts
should not be there just<br>
>>  >because he signed a waiver.<br>
>>  ><br>
>>  >John Mason<br>
>>  >----- Original Message -----<br>
>>  >From: <EANX@ao*.co*><br>
>>  >To: <dell@di*.co*>;
<trimix@ho*.co*>; <aocfishman@ho*.co*>;<br>
>>  ><FLTechDiver@mikey.net>;
<vbtech@ci*.co*><br>
>>  >Cc: <techdiver@aquanaut.com><br>
>>  >Sent: Thursday, February 07, 2002 2:14 PM<br>
>>  >Subject: Diver Responsibility<br>
>>  ><br>
>>  ><br>
>>  > > Again, another case of family members trying to
make an excuse for a<br>
>love<br>
>>  >one<br>
>>  > > lost.<br>
>>  > ><br>
>>  > > If you sign a waiver saying you accepts the risk
involved then it<br>
>should<br>
>>  >be<br>
>>  > > written in stone. All we need is one case being
lost because of some<br>
>>  >crafty<br>
>>  > > (crooked) lawyer and all our diving could go to
pot.<br>
>>  > ><br>
>>  > > Divers and their families need to start taking
responsibility for what<br>
>>  >ever<br>
>>  > > they get themselves involved with.  If not,
then maybe they should<br>
>stay<br>
>>  >home<br>
>>  > > in bed, but then again they might sue the
mattress company for bed<br>
>sores.<br>
>>  > ><br>
>>  > > This includes all divers, no matter their
physical fitness.<br>
>>  > ><br>
>>  > ><br>
>>  > ><br>
>>  > > Curt Bowen<br>
>>  > ><br>
>>  > > Publisher Advanced Diver Magazine<br>
>>  > > 941-751-2360 Office<br>
>>  > >
<a href=3D"http://www.advanceddivermagazine.com/"=
 eudora=3D"autourl">www.advanceddivermagazine.com</a><br>
>>  > > AdvDvrMag@ao*.co*<br>
>>  > ><br>
>>  > ><br>
>>  > > Mailing address<br>
>>  > > Advanced Diver Magazine<br>
>>  > > 3115 48th Ave. Dr. East<br>
>>  > > Bradenton, FL 34203  USA<br>
>>  > ><br>
>>  > ><br>
>>  > > Rule of Exploration<br>
>>  > > "Publish or Perish"<br>
>  > > >
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D<br>
>>  > > To contact the list administrator, email<br>
>>  > > Mike Rodriguez at mikey@mi*.ne*<br>
>>  > > To UNSUBSCRIBE from this list, send a message
to:<br>
>>  > > listserv@mi*.ne*<br>
>>  > > and in the *BODY* of the message type:<br>
>>  > > unsubscribe FLTechDiver<br>
>>  > ><br>
>>  ><br>
>>  ><br>
>>  ><br>
>>  ><< Send subscribe/unsubscribe/help requests
to<br>
>VBTech-request@ci*.=3D<br>
>>  >com >><br>
>><br>
>>  "You can't learn to dive on the net, sooner or later
you have to get in<br>
>the<br>
>>  water"<br>
>><br>
>>  Your Guide to Great Wreck Diving along the East Coast
& more<br>
>>    Web Site 
<a href=3D"http://www.capt-jt.com/"=
 eudora=3D"autourl">http://www.capt-jt.com/</a><br>
>>  Email     captjt@mi*.co*<br>
>><br>
>><br>
>><br>
>><br>
>>  << Send subscribe/unsubscribe/help requests to<br>
>VBTech-request@ci*.=3D<br>
>>  com >><br>
>><br>
><br>
><br>
><br>
><< Send subscribe/unsubscribe/help requests to
VBTech-request@ci*.=3D<br>
>com >><br>
<br>
<br>
-- <br>
Paul B.<br>
--<br>
Send mail for the `techdiver' mailing list to
`techdiver@aquanaut.com'.<br>
Send subscribe/unsubscribe requests to
`techdiver-request@aquanaut.com'.</blockquote><br>
</font></blockquote><br>

"You can't learn to dive on the net, sooner or later you have to get
in the water"<br>
<br>
<font color=3D"#0000FF"><u>Your Guide to Great Wreck Diving along the East
Coast & more <br>
 Web Site 
<a href=3D"http://www.capt-jt.com/"=
 eudora=3D"autourl">http://www.capt-jt.com/</a><br>
Email     captjt@mi*.co*<br>
<br>
</font></u></html>

--=====================_15278630==_.ALT--

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