Reggie Rodgers Cross Examination

• Mr. Rodgers, prior to the morning of July 7^th, you and Mr. Hathaway discussed whether you should permit Lee Allen to dive on July 7^th, correct?
• And you suggested that you tell Lee Allen to sit out the dive, isn’t that right?
• And according to you, to this suggestion Mr. Hathaway said “…refusing Lee’s participation could be very costly,” correct?
• And he elaborated on this by saying, according to your affidavit, “Not only would we have to refund Lee’s money…but it’s bad press. If word gets around that Neptune doesn’t let its customers do the dives they signed up for, that will hurt our reputation and revenue.” Is this accurate?
• Now Mr. Rodgers, when discussing with Mr. Hathaway on the morning of July 7^th whether Lee Allen should dive, you suggested to Mr. Hathaway that Lee should be partnered with you, correct?
• And according to you, Mr. Hathaway said to that suggestion, “No way...Your attention would be divided between Lee and the others. That’s not safe for Lee and it’s not safe for everyone else.” Is this true?
• Mr. Rodgers, you stated that you are not a believer in the buddy system for deep dives, correct?
• Therefore, Mr. Rodgers, this may be considered as one of your main motivations for pairing Lee Allen with yourself?
• Mr. Rodgers, you are familiar with Scuba Diving 101, are you not?
• And it does accurately reflect the prevailing standards of the scuba diving industry, correct?
• Scuba Diving 101 does say, “In group dives or guided tours, a guide—whether a team leader, divemaster, or some other title—cannot serve as a diver’s buddy… If a diver cannot dive with a buddy, or if her only possible buddy is a guide with responsibility for others, she should not dive,” does it not?
• Isn’t it reasonable then, Mr. Rodgers, to say that pairing Lee Allen with yourself is a direct violation of the standards set forth in Scuba Diving 101?
• In your affidavit you state that on the dive on July 6^th, Lee Allen “had trouble keeping up with the group, displayed a lack of experience with the nuances of decompression, and seemed confused by basic diving hand signals,” correct?
• This then caused you to state in your affidavit, “Given Lee’s struggles, the depth of The Hepburn, and the risks inherent in wreck-diving, Thursday’s dive was dangerous for Lee. Is this correct?
• You even told Mr. Hathaway prior to the July 7^th dive “We need to consider telling Lee, ‘Sorry, you’re just not skilled enough to dive on The Hepburn.” Isn’t that right?
• Isn’t it reasonable to say that both of these statements mean that Lee Allen’s diving performance between July 4^th and July 6^th was not adequate in your mind?
• And this means that Neptune did in fact have concerns about Lee Allen’s diving ability, correct?
• And yet, Neptune still allowed Lee Allen to dive on July 7^th. Correct?
• Even with the dangers of the dive taken into consideration, is this so?
• Lee Allen died that morning correct? 
• On a dive you were to supervise, isn’t that right?