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From: "George Irvine" <girvine@be*.ne*>
To: "Bruce Sherman" <bruce.s@co*.co*.nz*>, <ghmorris@sy*.ca*>,
     "'Lynn E. Hall'"
Cc: <FLTechDiver@mikey.net>, <techdiver@aquanaut.com>
Subject: RE: (another) diver death lawsuit
Date: Sun, 10 Feb 2002 17:34:40 -0500
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I hope everyone read what Kane wrote about this , and I hope everyone can
see why I have such a huge problem with the "usual suspects".
  -----Original Message-----
  From: Bruce Sherman [mailto:bruce.s@co*.co*.nz*]
  Sent: Thursday, February 07, 2002 10:54 PM
  To: ghmorris@sy*.ca*; 'Lynn E. Hall'
  Cc: FLTechDiver@mikey.net; techdiver@aquanaut.com
  Subject: Re: (another) diver death lawsuit


  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 !

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

  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.

  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 -----
    From: George Morris
    To: 'Lynn E. Hall'
    Cc: FLTechDiver@mikey.net ; techdiver@aquanaut.com
    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�e on the
    Seeker prior to diving.

    Quote:
    ""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
    > [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*;
    > aocfishman@ho*.co*; FLTechDiver@mikey.net;
    > vbtech@ci*.co*; techdiver@aquanaut.com
    > Subject: Re: (another) diver death lawsuit
    >
    >
    > 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
    > lawsuit,
    > > said
    > in
    > > response that Murley had supplied him with a letter from a
    > > cardiologist clearing him for the activity.
    > ***
    > The guilty party is his DOCTOR ... not the boat or the
    > instructors. The man was 'very' overweight for his height. I
    > know because my dive buddy in Key Largo is 6' 7" and is on
    > the heavy side at 275 lbs ... & was HUGE at 300. As much as I
    > hate litigation ... the dive boat & his instructors are
    > partly negligent as well too. Not to mention the diver's
    > negligence for participating in the sport in the first place.
    > A lot of 'blame' to go around. My lawyer (Californians all
    > have at least one) says a person cannot sign his rights away
    > - except with a 'power of attorney' ... so the defense of the
    > signed release of liability ... that probably won't fly. I'm
    > sure the judgement will reflect the negligence on everyone's
    > part & penalize accordingly. The 'doctor' will probably
    > escape scot free. Just thought I'd add my .02 cents. FWIW - I
    > hope the case is thrown out. I'm on the instructors/charter
    > boats side. Lynn Hall
    >
    >
    >


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<BODY bgColor=3D#ffffff>
<DIV><SPAN class=3D281343322-10022002><FONT face=3DArial
color=3D#0000ff =
size=3D2>I hope=20
everyone read what Kane wrote about this , and I hope everyone can see =
why I=20
have such a huge problem with the "usual suspects".</FONT></SPAN></DIV>
<BLOCKQUOTE dir=3Dltr style=3D"MARGIN-RIGHT: 0px">
  <DIV class=3DOutlookMessageHeader dir=3Dltr align=3Dleft><FONT =
face=3DTahoma=20
  size=3D2>-----Original Message-----<BR><B>From:</B> Bruce Sherman=20
  [mailto:bruce.s@co*.co*.nz*]<BR><B>Sent:</B> Thursday, February 07, =
2002=20
  10:54 PM<BR><B>To:</B> ghmorris@sy*.ca*; 'Lynn E. =
Hall'<BR><B>Cc:</B>=20
  FLTechDiver@mikey.net; techdiver@aquanaut.com<BR><B>Subject:</B> Re:
=
(another)=20
  diver death lawsuit<BR><BR></FONT></DIV>
  <DIV><FONT face=3DArial>I agree with George on this "farm animal =
stupid" that=20
  this guy was on the trip, let alone had an open water cert, let alone =
thought=20
  about 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=20
  course money. The greed of TDI for easy certs. The greed of the =
charter boat=20
  for 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=20
  legal 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"PADDING-RIGHT: 0px; PADDING-LEFT: 5px; MARGIN-LEFT: 5px; =
BORDER-LEFT: #000000 2px solid; MARGIN-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 title=3Dghmorris@sy*.ca* =
href=3D"mailto:ghmorris@sy*.ca*">George=20
    Morris</A> </DIV>
    <DIV style=3D"FONT: 10pt arial"><B>To:</B> <A =
title=3Dlynn.hall@rf*.co*=20
    href=3D"mailto:lynn.hall@rf*.co*">'Lynn E. Hall'</A> </DIV>
    <DIV style=3D"FONT: 10pt arial"><B>Cc:</B> <A =
title=3DFLTechDiver@mikey.net=20
    href=3D"mailto:FLTechDiver@mikey.net">FLTechDiver@mikey.net</A> ; <A =

    title=3Dtechdiver@aquanaut.com=20
    href=3D"mailto:techdiver@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=20
    with both his instructor (Joe Jackson) and his fianc=E9e on =
the<BR>Seeker=20
    prior to diving.<BR><BR>Quote: <BR>""10) That upon learning while =
onboard=20
    the SEEKER that Chris Murley had<BR>been diagnosed with diabetes, =
Joe=20
    Jackson should have stopped him from<BR>diving the wreck of the =
ANDREA=20
    DORIA. Since Chris Murley's medical<BR>condition had changed since =
the last=20
    medical questionnaire and physical<BR>exam were completed, Joe =
Jackson=20
    should have required a new medical<BR>evaluation prior to letting =
him dive=20
    to these great depths.""<BR><BR>Were you referring to a cardiologist =
report=20
    subsequent to the diabetes<BR>diagnosis?<BR><BR>You may want to
read =
the=20
    entire report before having much sympathy for<BR>the=20
    instructor.<BR><BR>George<BR><BR>> -----Original =
Message-----<BR>>=20
    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 =

    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=20
    California (no flames, please) & Key Largo.<BR>> I have to =
comment on=20
    this thread ... note:<BR>> ***<BR>> > Jackson, Murley's =
instructor=20
    and a 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>>=20
    ***<BR>> The guilty party is his DOCTOR ... not the boat or the =
<BR>>=20
    instructors. The man was 'very' overweight for his height. I =
<BR>> know=20
    because my dive buddy in Key Largo is 6' 7" and is on <BR>> the =
heavy=20
    side at 275 lbs ... & was HUGE at 300. As much as I <BR>> =
hate=20
    litigation ... the dive boat & his instructors are <BR>> =
partly=20
    negligent as well too. Not to mention the diver's <BR>> =
negligence for=20
    participating in the sport in the first place. <BR>> A lot of =
'blame' to=20
    go around. My lawyer (Californians all <BR>> have at least one) =
says a=20
    person cannot sign his rights away <BR>> - except with a 'power =
of=20
    attorney' ... so the defense of the <BR>> signed release of =
liability ...=20
    that probably won't fly. I'm <BR>> sure the judgement will =
reflect the=20
    negligence on everyone's <BR>> part & penalize accordingly. =
The=20
    'doctor' will probably <BR>> escape scot free. Just thought I'd =
add my=20
    .02 cents. FWIW - I <BR>> hope the case is thrown out. I'm on the =

    instructors/charter <BR>> boats side. Lynn Hall<BR>>
<BR>> =
<BR>>=20
    <BR><BR><BR>--<BR>Send mail for the `techdiver' 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></BLOCKQUOTE></BODY></HTML>

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