Quincy Montgomery
Plaintiff Cross Examination
Cross Examination of Quincy Montgomery
Medical Condition
1. Lee Allen faced significantly less risk diving than most patients with hypertension?
a. “Not especially severe”
b. Responding to the medication
c. “Appeared to be improving”
d. Had already successfully completed more than 30 dives after his diagnosis
2. So isn’t it probable that Lee Allen was capable of scuba diving even with the hypertension?
3. Can you say to any degree of medical or scientific certainty that the hypertension contributed in any way to Lee Allen’s death?
4. Lee Allen had never experienced a dive as challenging as the Hepburn Expedition?
5. In fact, Lee Allen had never entered a shipwreck on a dive before? (Exhibit 27)
6. And the deepest he had ever dove before his trip with Neptune was 81-feet?
7. Just to clarify – the shallowest dive to the Hepburn wreck is 170-feet?
a. More than twice as deep as Lee Allen’s previous maximum dive depth?
8. Reggie Rodgers had completed more than 48 dives to the Hepburn wreck before the dive on July 7?
9. So it’s reasonable to conclude that Neptune was significantly more familiar with the specific challenges of the Hepburn dive than customer Lee Allen?
10. Yet Neptune never asked Lee Allen to provide any medical record?
Neptune’s Decision to Allow Lee to Dive
11. Even without knowledge of Lee Allen’s hypertension, Neptune still had doubts about whether he should dive?
12. Rodgers had even concluded that Lee Allen was not “skilled enough” to dive the Hepburn?
13. Lee Allen suffered visibly from nitrogen narcosis at depths of 120-feet?
a. This is a certain indicator that the nitrogen narcosis will worsen at 170-feet?
14. Lee Allen was also using more oxygen than any other diver?
a. This is an indicator that he did not have the physical capacity to complete the 170-foot dive?
15. And there was absolutely no excuse to permit Lee Allen to attempt a 170-foot dive when he had struggled on much easier dives?
Cause of Death
16. The most likely cause of Lee Allen’s death was drowning as a result of a lack of oxygen?
17. Do you have any expertise or evidence to suggest otherwise?
Conduct (Nitrogen Narcosis)
18. Rodgers noticed that Lee Allen was suffering from an alarmingly rapid onset of nitrogen narcosis?
19. Did Rodgers make any effort to treat Lee Allen’s narcosis?
a. Even though Rodgers was Lee Allen’s dive buddy?
Rodgers’ Remaining Air Supply
20. You used the article Breathing Gas Calculations in your analysis?
a. This article states that a recreational diver’s typical RMV can vary between 12 and 25L/min?
b. And for the average recreational diver, the article assumes an RMV of about 20L/min?
c. Didn’t you also assume an RMV of 20L/min for Rodgers in a non-emergency portion of the dive?
d. However, Rodgers’ actual RMV is probably significantly lower than 20L/min?
Credibility
21. Did you inspect any physical evidence in this case?
22. Did you conduct any interviews?
23. Did you use any firsthand information in reaching your conclusions?
****Note that this cross examination includes all of the critical information contained in the affidavit, broken down by section; actual content will vary based on information elicited in opposing counsel's direct****