$4m Lawsuit Filed by a Recreational Diver

Los Angeles Superior Court Judge Edward A. Ferns has upheld a decision to process a $4m lawsuit filed by a recreational diver who was left behind when the dive boat he had been on returned to land without him. The diver allegedly spent several hours bobbing about without any idea of whether or not the boat crew would come back for him.

The diver, a fifty year old resident of Santa Monica, filed a lawsuit against Sun Diver Charters and Ocean Adventures for negligence, fraud and infliction of emotional distress when he was left by the Ocean Adventures boat crew off of Santa Catalina Island in April 2004. Due to good fortune and fair winds the diver was rescued by some Boy Scouts who happened to be passing by in a boat.

Sun Diver Charters and Ocean Adventures argue that as a diver the man must assume certain risks befitting such an “extreme” recreational sport and thus waive the right to blame the operators responsible. However, Judge Ferns disagrees stating that being abandoned at sea is not an inherently risky event that one should accept as a diver.

Fortunatley for the diver he has been able to get his case to court… anybody seen the movie Open Water?