Main point: Tran claims Neptune asked no medical questions. His only proof is the testimony of Andy Allen, a grieving widow and the plaintiff in this case, whose testimony is directly contradicted by Hayden Hathaway.

Main point: Tran’s calculations are based on assumptions that cannot be shown to a sufficient degree of scientific certainty.

• Mr./Ms. Tran, there are certain medical conditions that increase the risks associated with scuba diving, right?
• One of those medical conditions is hypertension?
• For your investigation, you reviewed Lee Allen’s medical records, yes?
• Based on that record, you are aware that Lee Allen had hypertension?
•  You also found that Lee Allen called this diagnosis “irrelevant” to scuba diving?
• o   Objection, Hearsay:
• o   Exception: 804 (b) 3 – Statement against interest: thedeclarant is unavailable, and the statement is clearlyagainst the declerant’s proprietary interest
• o   Exception: 804 (b) 6 – statement offered against a partythat wrongfully caused the declarant’s unavailability. LeeAllen was responsible for his own unavailability, and thestatement goes against him.
• ·      You reviewed the report of Hayden Hathaway, right?
• ·      Hathaway actually claims that Neptune did ask about Lee Allen’s health, yes?
• ·      The only indication you found that Hathaway did not ask about Lee Allen’s health came from Andy Allen, right?
• ·      Now, you found that Neptune had an opportunity to observe Lee Allen dive prior to July 7^th, right?
• ·      You also found that Lee Allen’s previous experience is a strong indicator of physical capability?
• ·      It’s also a strong indicator of mental capability, right?
• ·      And Neptune got all of this information from the Allens, correct?
• ·      Mr./Ms. Tran, you did also find that Lee Allen lied to Neptune about how many dives he had been on, right?
• o   –would love to mention further lies here, but may behearsay, especially if Andy Allen is available to testify
• ·      You stated on direct that Rodgers erred in abandoning Lee Allen, right?
• ·      You tested Mr. Rodgers to find his respiratory rate under normal conditions, right?
• ·      You did not calculate his rate under emergency conditions?
• ·      You did not even calculate his rate under stressful conditions?
• ·      Your calculations are based on an assumption, right?
• ·      Specifically, you base your calculations for Rodgers’ ascent on a rate of 20 L/min, right?
• ·      You found Rodgers’ normal rate to be 12 L/min, correct?
• ·      And you also claim that Rodgers made no attempt to rush Lee Allen to the surface?
• ·      However, you understand that Rodgers claims Allen was attacking him with a knife at this point?
• ·      And you do acknowledge that Lee Allen had virtually no oxygen when Rodgers left him?