Author Topic: Scuba diver sues charter boat in LA Sup. Ct.  (Read 599 times)


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Scuba diver sues charter boat in LA Sup. Ct.
« on: March 12, 2010, 03:58:14 PM »
Snaged this fro SB repost


A scuba diver left at sea by a charter boat crew in 2004 thought he would never make it back to shore, his attorney told a jury Tuesday. "At some point he knew he was going to die. He just wondered how," Scott P. Koepke, lawyer for Daniel E. Carlock, told a civil jury in Los Angeles Superior Court.A

Carlock filed a $4 million lawsuit against Ocean Adventures Dive and Sun Diver Charters in January 2005. The trial will deal with his allegations of negligence and intentional infliction of emotional distress.

Defense attorneys said in their opening statements Tuesday that Carlock, 51, was careless and didn't follow rules for safe diving, City News Service reported.

"This is a case more about trying to shift responsibility to others and not taking responsibility for yourself in an adventure sport," said Stephen L. Hewitt, who represents Ocean Adventures Dive Co.
Carlock didn't confirm who his diving buddy was before the dive, Hewitt said. He also surfaced far from the oil rig where he was supposed to come up and should have tried to swim closer to the vessel before it left, Hewitt told jurors.

On the morning of April 25, 2004, in foggy conditions, Carlock was left about seven miles off Newport Beach, after he was separated from about 20 other divers.

At the second location, the boat staff members noticed Carlock was gone, and called the U.S. Coast Guard to the second dive site to look for him.
In 2004, the Register reported that Carlock was swimming with three dive buddies when he had problems equalizing the pressure in his ears and fell behind. He tried following his partners' bubbles, but he lost them.

He decided to end his dive after 15 minutes, but when he surfaced, he was 400 feet down current from an oil platform where the boat was anchored. He figured he couldn't make the up-current swim and decided to wait, blowing his whistle as loud as he could.

"I figured when the dive was over, they would realize I was missing and come looking for me," Carlock said at the time.

They never came.

Carlock's attorney said Tuesday that Carlock floated, prayed, took pictures of himself and kept a log of what was happening with a waterproof pencil and slate attached to his wetsuit.

Boy Scouts sailing back to the Newport Sea Scout base from Santa Catalina Island rescued Carlock after five hours.

Crew trainee Zack Mayberry, 15, was on watch at the stern of the Scout's century-old tall ship, Argus.

Mayberry thought he noticed a balloon or debris floating in the sea. He grabbed his binoculars to take a closer look. About 150 yards away, Carlock's head was sticking out of the water, and he was waving a bright, yellow-green tube.
Mayberry handed the binoculars to a friend, who confirmed. "Man overboard!" they yelled.
The Boy Scout troop from San Diego had drilled the rescue procedure just a day before.
The Scouts gave Carlock warm clothes, a sandwich and hot coffee.
Koepke, Carlock's attorney, said that his client was badly sunburned from being in the ocean for hours and developed skin cancer. He had the cancerous lesions removed but continues to suffer physical and emotional trauma, Koepke said.

Bradley A. Snyder, an attorney for Andy Huber, a member of the dive crew, criticized Carlock for not establishing who his diving companion was before entering the water.

Carlock claims that Huber was his dive buddy.

Snyder said that Huber was on board teaching a student at the time.
Matthew Monroe, attorney for Sundiver Charters, said the captain did all that was required of him and performed a "textbook search" when he realized Carlock was missing.

Defense attorneys say the cancer Carlock developed likely had its origin when he lived under years of sunshine in Florida.

City News Service and staff writer Brian Martinez contributed to this report.
Contact the writer: or 714-704-3782


Offline speargearshop

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Re: Scuba diver sues charter boat in LA Sup. Ct.
« Reply #1 on: March 12, 2010, 08:57:40 PM »
Both sides phucked up.


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