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Date: Fri, 08 Feb 2002 16:53:50 +1300
From: Bruce Sherman <bruce.s@co*.co*.nz*>
Subject: Re: (another) diver death lawsuit
To: ghmorris@sy*.ca*, "'Lynn E. Hall'" <lynn.hall@rf*.co*>
Cc: FLTechDiver@mikey.net, techdiver@aquanaut.com
Organization: Convex Plastics
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I agree with George on this "farm animal stupid" that this guy was on =
the trip, let alone had an open water cert, let alone thought about tec =
diving !=20

The boat should have known better. The instructor should be shot.=20

This guy died due to the greed of the instuctor for course money. The =
greed of TDI for easy certs. The greed of the charter boat for charter =
money. A slack attitude toward life that allowed him to get in the =
terrible physical condition he was.=20

The sad part is the bad publicity for the sport, and legal action that =
will end up outlawing deep wreck diving.

This whole group just tried real hard to fuck it up for everyone else.
Farm animal stupidity

Chas Sherman
New Zealand

  ----- Original Message -----=20
  From: George Morris=20
  To: 'Lynn E. Hall'=20
  Cc: FLTechDiver@mikey.net ; techdiver@aquanaut.com=20
  Sent: Friday, February 08, 2002 1:01 PM
  Subject: RE: (another) diver death lawsuit


  The CG report
  =
http://www.wahoo2001.com/Files/Highlighted%20Doria%20Death%20Chris%20Mur
  ley.pdf said his medical was not current and dated from before he was
  diagnosed with diabetes. It further said he had discussed his diabetic
  condition with both his instructor (Joe Jackson) and his fianc=E9e on =
the
  Seeker prior to diving.

  Quote:=20
  ""10) That upon learning while onboard the SEEKER that Chris Murley =
had
  been diagnosed with diabetes, Joe Jackson should have stopped him from
  diving the wreck of the ANDREA DORIA. Since Chris Murley's medical
  condition had changed since the last medical questionnaire and =
physical
  exam were completed, Joe Jackson should have required a new medical
  evaluation prior to letting him dive to these great depths.""

  Were you referring to a cardiologist report subsequent to the diabetes
  diagnosis?

  You may want to read the entire report before having much sympathy for
  the instructor.

  George

  > -----Original Message-----
  > From: FLTechDiver-owner@mikey.net=20
  > [mailto:FLTechDiver-owner@mikey.net] On Behalf Of Lynn E. Hall
  > Sent: February 7, 2002 6:15 PM
  > To: chris cole
  > Cc: joe@po*.co*; dell@di*.co*;=20
  > aocfishman@ho*.co*; FLTechDiver@mikey.net;=20
  > vbtech@ci*.co*; techdiver@aquanaut.com
  > Subject: Re: (another) diver death lawsuit
  >=20
  >=20
  > Hi everyone ...
  > I'm new to the list.
  > I mostly dive in California (no flames, please) & Key Largo.
  > I have to comment on this thread ... note:
  > ***
  > > Jackson, Murley's instructor and a defendant in the current=20
  > lawsuit,=20
  > > said
  > in
  > > response that Murley had supplied him with a letter from a=20
  > > cardiologist clearing him for the activity.
  > ***
  > The guilty party is his DOCTOR ... not the boat or the=20
  > instructors. The man was 'very' overweight for his height. I=20
  > know because my dive buddy in Key Largo is 6' 7" and is on=20
  > the heavy side at 275 lbs ... & was HUGE at 300. As much as I=20
  > hate litigation ... the dive boat & his instructors are=20
  > partly negligent as well too. Not to mention the diver's=20
  > negligence for participating in the sport in the first place.=20
  > A lot of 'blame' to go around. My lawyer (Californians all=20
  > have at least one) says a person cannot sign his rights away=20
  > - except with a 'power of attorney' ... so the defense of the=20
  > signed release of liability ... that probably won't fly. I'm=20
  > sure the judgement will reflect the negligence on everyone's=20
  > part & penalize accordingly. The 'doctor' will probably=20
  > escape scot free. Just thought I'd add my .02 cents. FWIW - I=20
  > hope the case is thrown out. I'm on the instructors/charter=20
  > boats side. Lynn Hall
  >=20
  >=20
  >=20


  --
  Send mail for the `techdiver' mailing list to =
`techdiver@aquanaut.com'.
  Send subscribe/unsubscribe requests to =
`techdiver-request@aquanaut.com'.


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<BODY bgColor=3D#ffffff>
<DIV><FONT face=3DArial>I agree with George on this "farm animal stupid" =
that this=20
guy was on the trip, let alone had an open water cert, let alone thought =
about=20
tec diving ! </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=3DArial>The boat should have known better. The =
instructor should=20
be shot. </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=3DArial>This guy died due to the greed of the instuctor =
for course=20
money. The greed of TDI for easy certs. The greed of the charter boat =
for=20
charter money. A slack attitude toward life that allowed him to get in =
the=20
terrible physical condition he was. </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=3DArial>The sad part is the bad publicity for the sport, =
and legal=20
action that will end up outlawing deep wreck diving.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=3DArial>This whole group just tried real hard to fuck it =
up for=20
everyone else.</FONT></DIV>
<DIV><FONT face=3DArial>Farm animal stupidity</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=3DArial>Chas Sherman</FONT></DIV>
<DIV><FONT face=3DArial>New Zealand</FONT></DIV>
<DIV> </DIV>
<BLOCKQUOTE=20
style=3D"BORDER-LEFT: #000000 2px solid; MARGIN-LEFT: 5px; MARGIN-RIGHT: =
0px; PADDING-LEFT: 5px; PADDING-RIGHT: 0px">
  <DIV style=3D"FONT: 10pt arial">----- Original Message ----- </DIV>
  <DIV=20
  style=3D"BACKGROUND: #e4e4e4; FONT: 10pt arial; font-color: =
black"><B>From:</B>=20
  <A href=3D"mailto:ghmorris@sy*.ca*" =
title=3Dghmorris@sy*.ca*>George=20
  Morris</A> </DIV>
  <DIV style=3D"FONT: 10pt arial"><B>To:</B> <A=20
  href=3D"mailto:lynn.hall@rf*.co*" =
title=3Dlynn.hall@rf*.co*>'Lynn E.=20
  Hall'</A> </DIV>
  <DIV style=3D"FONT: 10pt arial"><B>Cc:</B> <A=20
  href=3D"mailto:FLTechDiver@mikey.net"=20
  title=3DFLTechDiver@mikey.net>FLTechDiver@mikey.net</A> ; <A=20
  href=3D"mailto:techdiver@aquanaut.com"=20
  title=3Dtechdiver@aquanaut.com>techdiver@aquanaut.com</A> </DIV>
  <DIV style=3D"FONT: 10pt arial"><B>Sent:</B> Friday, February 08,
2002 =
1:01=20
  PM</DIV>
  <DIV style=3D"FONT: 10pt arial"><B>Subject:</B> RE: (another) diver =
death=20
  lawsuit</DIV>
  <DIV><BR></DIV>The CG report<BR><A=20
  =
href=3D"http://www.wahoo2001.com/Files/Highlighted%20Doria%20Death%20Chri=
s%20Mur">http://www.wahoo2001.com/Files/Highlighted%20Doria%20Death%20Chr=
is%20Mur</A><BR>ley.pdf=20
  said his medical was not current and dated from before he =
was<BR>diagnosed=20
  with diabetes. It further said he had discussed his =
diabetic<BR>condition with=20
  both his instructor (Joe Jackson) and his fianc=E9e on the<BR>Seeker =
prior to=20
  diving.<BR><BR>Quote: <BR>""10) That upon learning while onboard the
=
SEEKER=20
  that Chris Murley had<BR>been diagnosed with diabetes, Joe Jackson =
should have=20
  stopped him from<BR>diving the wreck of the ANDREA DORIA. Since Chris =
Murley's=20
  medical<BR>condition had changed since the last medical questionnaire =
and=20
  physical<BR>exam were completed, Joe Jackson should have required a =
new=20
  medical<BR>evaluation prior to letting him dive to these great=20
  depths.""<BR><BR>Were you referring to a cardiologist report =
subsequent to the=20
  diabetes<BR>diagnosis?<BR><BR>You may want to read the entire report
=
before=20
  having much sympathy for<BR>the
instructor.<BR><BR>George<BR><BR>>=20
  -----Original Message-----<BR>> From: <A=20
  =
href=3D"mailto:FLTechDiver-owner@mikey.net">FLTechDiver-owner@mikey.net</=
A>=20
  <BR>> [<A=20
  =
href=3D"mailto:FLTechDiver-owner@mikey.net">mailto:FLTechDiver-owner@mike=
y.net</A>]=20
  On Behalf Of Lynn E. Hall<BR>> Sent: February 7, 2002 6:15 =
PM<BR>> To:=20
  chris cole<BR>> Cc: <A=20
  href=3D"mailto:joe@po*.co*">joe@polarbearinc.com</A>; <A=20
  href=3D"mailto:dell@di*.co*">dell@diverite.com</A>; <BR>> <A=20
  href=3D"mailto:aocfishman@ho*.co*">aocfishman@hotmail.com</A>; <A=20
  href=3D"mailto:FLTechDiver@mikey.net">FLTechDiver@mikey.net</A>; =
<BR>> <A=20
  href=3D"mailto:vbtech@ci*.co*">vbtech@cisatlantic.com</A>; <A=20
  =
href=3D"mailto:techdiver@aquanaut.com">techdiver@aquanaut.com</A><BR>>=
=20
  Subject: Re: (another) diver death lawsuit<BR>> <BR>> <BR>>
=
Hi=20
  everyone ...<BR>> I'm new to the list.<BR>> I mostly dive in =
California=20
  (no flames, please) & Key Largo.<BR>> I have to comment on this =
thread=20
  ... note:<BR>> ***<BR>> > Jackson, Murley's instructor and a=20
  defendant in the current <BR>> lawsuit, <BR>> >
said<BR>>=20
  in<BR>> > response that Murley had supplied him with a letter =
from a=20
  <BR>> > cardiologist clearing him for the activity.<BR>> =
***<BR>>=20
  The guilty party is his DOCTOR ... not the boat or the <BR>> =
instructors.=20
  The man was 'very' overweight for his height. I <BR>> know because =
my dive=20
  buddy in Key Largo is 6' 7" and is on <BR>> the heavy side at 275 =
lbs ...=20
  & was HUGE at 300. As much as I <BR>> hate litigation ... the =
dive boat=20
  & his instructors are <BR>> partly negligent as well too. Not =
to=20
  mention the diver's <BR>> negligence for participating in the sport =
in the=20
  first place. <BR>> A lot of 'blame' to go around. My lawyer =
(Californians=20
  all <BR>> have at least one) says a person cannot sign his rights =
away=20
  <BR>> - except with a 'power of attorney' ... so the defense of the =

  <BR>> signed release of liability ... that probably won't fly. I'm =
<BR>>=20
  sure the judgement will reflect the negligence on everyone's <BR>> =
part=20
  & penalize accordingly. The 'doctor' will probably <BR>> escape =
scot=20
  free. Just thought I'd add my .02 cents. FWIW - I <BR>> hope the =
case is=20
  thrown out. I'm on the instructors/charter <BR>> boats side. Lynn=20
  Hall<BR>> <BR>> <BR>> <BR><BR><BR>--<BR>Send
mail for the =
`techdiver'=20
  mailing list to `<A=20
  =
href=3D"mailto:techdiver@aquanaut.com'">techdiver@aquanaut.com'</A>.<BR>S=
end=20
  subscribe/unsubscribe requests to `<A=20
  =
href=3D"mailto:techdiver-request@aquanaut.com'">techdiver-request@aquanau=
t.com'</A>.<BR></BLOCKQUOTE></BODY></HTML>

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