First Meeting Case Thoughts
Bazinga
posted about 12 years ago
- Professional Standards of the Scuba Diving Industry going to play a large role in the case/determining recklessness.
- The biggest thing in this case is going to be proving recklessness. 1200 sub. 2- recklessness. Neptune diving company has a duty of care that may have been violated. BUT if we can show that Lee Allen's recklessness contributed to his death, then that mitigates a lot of Neptune"s potential recklessness as well.
- What was Neptune's duty to confront Lee Allen? How much care is someone who goes on a diving expedition entitled to?
- They are a customer. Issue of human health vs. business practices. Sleazy defense.
- The Allen's asked if Hathaway wanted their Medical Records, he said no. Is this reasonable or reckless? Should Hathaway have taken them/followed industry standards?
- What is "Industry Standard" in this case? Should that be the same?
- Plaintiff- Have to hound the "Holier Than Thou" argument. The "rich guy" went after Lee Allen for money and nothing else. No safety concerns.
- Scuba Diving 101 going to be huge. Yet is written by someone with a conflict of interest.
- Cylinders: Red Herring? Or plays a role? Should Lee Allen have noticed that he didn't have a backup cylinder?
- Weather Issue:
- Industry Standard? Probably not. At what point did Neptune become reckless?
- Should Neptune have used Nitrox? Oxygen will become more compressed as you decent and then expand again. Steven talking diving-speak. Looks as though Regie Rogers was correct in determining when to leave Lee Allen.
- Alcohol going to be a ricky subject. Daniel Duncan and Other bro mention it, but no one else soes. How do you prove it?
Witness Selection Discussion
The state picks their 3 witnesses before the defense does this year. What this means is that the defense will have to create different strategies based on who the plaintiff calls.
Plaintiff
- FF is a stay-away.
- Bailey Johnson is a must call.
- Shouldn't call Andy Allen.
- 3 experts who lay out the state's case.
Defense:
- Call Regie Rogers.
- Going to be difficult to stage case without Hayden Hathaway. Doesn't really add anything. Rogers was the one in charge.
- If it hurts your case, don't say it. People dying is not a good business practice, except in Looper.
- Probably should call Quincy Monty.
But really, try to figure out your witness/attorney preferences in the next few days.
Scrimmage: A-Team v B-Team scrimmage before American U invitational.
(edited about 12 years ago)
