Appeals court reinstates family's law...

Appeals court reinstates family's lawsuit in scuba diver's death

There are 17 comments on the Daily Breeze story from May 27, 2010, titled Appeals court reinstates family's lawsuit in scuba diver's death. In it, Daily Breeze reports that:

In an opinion issued Wednesday, the 2nd District Court of Appeal reinstated the lawsuit against Catalina Scuba Luv, finding the waiver of liability Raffi Huverserian signed did not apply to him.

Join the discussion below, or Read more at Daily Breeze.

Lawyer Tricks

Los Angeles, CA

#2 May 28, 2010
Sad that this man died, but also sad that a shady attorney will find a loophole for this lawsuit. Money will not bring this guy back to his family, and anyone who thinks the attorney is doing this out of the goodness of his heart is off their rocker! Another cause of small businesses closing across the country: lawyers.
SP Thinker

Rancho Palos Verdes, CA

#3 May 28, 2010
Seriously? You don't think the company should be held liable for failure to exercise due diligence and reasonable care in the inspection and maintenance of their equipment?

Companies shouldn't be able to "waive" away responsibility for things that could be avoided.
Lawyer Tricks wrote:
Sad that this man died, but also sad that a shady attorney will find a loophole for this lawsuit. Money will not bring this guy back to his family, and anyone who thinks the attorney is doing this out of the goodness of his heart is off their rocker! Another cause of small businesses closing across the country: lawyers.
Medicalfraud

Rancho Palos Verdes, CA

#4 May 28, 2010
Wow. An armenian with a heart condition, what a surprise.
Duke

United States

#7 May 28, 2010
It isn't over till the fat lady sings. This will be appealed and another years wages for lawyers will be spent.
Don Diller

Van Nuys, CA

#8 May 28, 2010
It would be nice to know the exact cause of death.

And regarding KMA's post: Amen brother.
Lawyer Tricks

Burbank, CA

#9 May 28, 2010
SP Thinker wrote:
Seriously? You don't think the company should be held liable for failure to exercise due diligence and reasonable care in the inspection and maintenance of their equipment?
Companies shouldn't be able to "waive" away responsibility for things that could be avoided.
<quoted text>
I think as an experienced diver, and from the facts of the case, the air had nothing to do with his death. Experienced divers, as he apparently was, know how to buddy breath and deal with such situations. From all the facts I have readin this case, he was able to surface with no problem, but the stress of the incident caused him to have a heart attack. Being Armenian, I'm sure it had nothing to do with a terrific diet and being overweight or out of shape at all! We live in the era of "no personal responsibility" these days. Because of lawyers and ridiculous lawsuits, there is always someone else who is at fault for your errors in life. We need to end that era and stop punishing businesses for other people's issues.
Native

Bellflower, CA

#10 May 28, 2010
Huverserian was an idiot. Any SCUBA diver knows that they must monitor their tank pressure and allow time for a controlled ascent. What is the basis of this lawsuit? That the tank was not filled to full pressure? All divers are required to have a tank pressure gauge. He would have known what his tank pressure was at all times. It's easy to get distracted while on the bottom but that is in no way the fault of the company who rented him the tank. It would not have gone any differently if he had used a different tank.

It's a shame that this farce of a case must now go to court. I'm confident that SCUBA Luv will prevail. When they do, I hope that their motion to make the plaintiff pay for their defense is approved. I hope they don't settle. Settlement is what drives lawsuits like this.
Native

Bellflower, CA

#11 May 28, 2010
OK just to harp on the details a little more:

Friedman said Huverserian, 45, was in good shape and an experienced diver.

He said the gauge that Catalina Scuba Luv gave him ran high, there wasn't enough air in the rental tank and he was given too much weight for the dive.

SCUBA Luv would filled both his, and his son's tanks to the same pressure (usually 2,200 psi). If the gauge were reading high, it would have been immediately apparent when he connected his octopus (regulators, bcd, gauge, computer). If he was an "experienced diver" he would have known to always leave margin.

Also, if he was an "experienced diver", he would have told the shop how much weight he needed. All the shop did was give him the gear that he asked for. It is unlikely that they would have told him how much weight to use.
Diverdown

Rancho Palos Verdes, CA

#12 May 28, 2010
He probably had trouble going that long (under water) without a cigarette. Take some responsibility.
Duke

Alhambra, CA

#13 May 28, 2010
When you fill alot of tanks in succession the air is pumped in hot due the heat given off by being compressed and when you are done filling the tank(s) it may read 2200 psi when in reality the true air pressure is 1700 psi. I should know.........one summer I filled 1000's of air tanks for divers and as the day wore on I told them what was going on. The governor on the air machine automatically shut done on a hot read of 2200 psi when in reality only 1700 psi of air was in the actual tank.
Don Diller

Van Nuys, CA

#14 May 28, 2010
Along the same lines, did anyone ever hear any more news about the cause of death for the free diver off PV a few months ago?
Rational Choice

Fontana, CA

#15 May 29, 2010
"Friedman said Huverserian, 45, was in good shape and an experienced diver."

"He said the gauge that Catalina Scuba Luv gave him ran high, there wasn't enough air in the rental tank and he was given too much weight for the dive"

Just a bunch of excuses to shift responsibility to someone else.

If he was experienced, he should have known how much weight he needed, and should have conducted a buoyancy check at the surface before starting his dive.(this is taught in every entry level SCUBA Class)

He should have checked his pressure before starting his dive, and monitored it throughout his dive. According to the article, he died of a heart attack - not from equipment malfunction!

Get real people. I feel bad for the family, but this is clearly not the Dive Shop's fault, or the equipment he was using.

It sounds like it was his faulty HEART that caused his death!
Sean

Beatty, NV

#16 Jul 1, 2010
SP Thinker wrote:
Seriously? You don't think the company should be held liable for failure to exercise due diligence and reasonable care in the inspection and maintenance of their equipment?
Companies shouldn't be able to "waive" away responsibility for things that could be avoided.
<quoted text>
You are almost certainly not a diver. SCUBA diving is inherently dangerous. Any competent certified diver KNOWS that he/she is responsible for inspecting your life support system (AKA Scuba gear) before you go diving. There is almost no excuse for running out of air at 60 feet. Furthermore even if you do run out of air a certified diver should be able to execute a CESA (controlled emergency swimming assent) from 60 feet with no problems. The diver had a pre exciting condition and is 100% responsible for his death. I do feel sorry for the son that was diving with him. Hopefully a jury will rule in favor of Scuba Luv and also reward them reasonable attorney fees to prevent this kind of BS from happening again. If you are a dive you need to go back to the instructor that certified you and demand your money back!
Sean

Beatty, NV

#17 Jul 1, 2010
Duke wrote:
When you fill alot of tanks in succession the air is pumped in hot due the heat given off by being compressed and when you are done filling the tank(s) it may read 2200 psi when in reality the true air pressure is 1700 psi. I should know.........one summer I filled 1000's of air tanks for divers and as the day wore on I told them what was going on. The governor on the air machine automatically shut done on a hot read of 2200 psi when in reality only 1700 psi of air was in the actual tank.
The tank may read high right after you hot fill it but after you get into the water it cools down and a hot fill is no longre a problem, except that it "cheats" you out of some bottem time.
You are all too generous

Norwalk, CA

#18 Jul 1, 2010
Scuba Luv are the same idiots who just got popped for price fixing. The owner is also the mayor of the god awful city. He cares nothing about people's safety, just his own social standing. I hope he gets nailed to the wall with this.
Duke

United States

#19 Jul 3, 2010
You are all too generous wrote:
Scuba Luv are the same idiots who just got popped for price fixing. The owner is also the mayor of the god awful city. He cares nothing about people's safety, just his own social standing. I hope he gets nailed to the wall with this.
Wow! Explain the price fixing angle.
For what it s worth

Norwalk, CA

#20 Jul 8, 2010

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