Hayden Hathaway Cross Examination

1.      Mr. Hathaway, in your video chat with the Allens on April 20^th, you failed to mention the dangers associated with the Hepburn Expedition, correct?

2.      And this was because you thought, “they knew what they were getting into?”

3.      You said that the dangers associated with diving The Hepburn make it “a treacherous dive spot,” right?

4.      And that from April 2010 to June 2011, two divers died exploring the wreck, and eight more suffered significant injuries?

5.      In Scuba Diving 101, an article you helped write, it states that “on a per hour basis, scuba diving is 50 times more dangerous than driving a car,” correct?

6.      So a 42 minute dive would equate to being approximately 35 times more dangerous than driving a car, correct?

7.      But still, you never revealed any of this information to any of your customers, including Lee Allen?

8.      Because, according to your affidavit, you believe your customers “don’t need to undertake a trip with a negative attitude?”

9.      And in your affidavit, you never consider the fact that your customers may have a right to hear these dangers, correct?

10.  Mr. Hathaway, you were in the water for the dives from July 4-July 6 correct?

11.   And you noticed that Lee was definitely struggling on these dives, isn’t that true?

12.  So when Andy complained of a head cold on the morning of July 7^th, you agreed that Andy shouldn’t dive correct?

13.  And that meant that Lee shouldn’t dive, correct? (if objected to: And that raised red flags in your mind about whether Lee should dive or not, correct?)

14.  And you told Lee Allen that you weren’t going to let him dive, isn’t that right?

15.  You mentioned in your affidavit that you would be Lee’s buddy that morning, but you couldn’t because you “had business calls scheduled that conflicted with that morning’s dive,” correct?

16.  Mr. Hathaway you say that the two key aspects of Neptune’s operations are having fun and staying safe, correct?

17.  Then is it not reasonable to say that cancelling or even postponing those business calls would have possibly helped Neptune uphold those aspects?

18.  At first, you said no to Lee being paired with Reggie Rodgers, correct?

19.  But then after some convincing from Reggie Rodgers, you went ahead and paired Reggie Rodgers with Lee Allen, correct?

20.  Mr. Hathaway, in Scuba Diving 101, an article you helped author and describes current industry standards, it states “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. A guide can and should dive without a buddy,” does it not?

21.  Therefore, isn’t it reasonable to conclude that your decision to pair Rodgers with Lee Allen directly conflicts your own writing?

22.  Sir who was in charge of checking the weather for the July 7^th dive?

23.  And you checked the forecast the night before, on July 6^th, correct?

24.  And it forecasted a tropical depression to come to the exact location of The Hepburn at 2:00 pm, correct?

25.  Yet you still gave the green light on the dive, correct?

26.  Even though the storm was to hit only three hours after the dive was scheduled to end?

27.  And the next morning, the Internet was out, correct?

28.  And yet, sir, you still gave the dive the green light even though you did not have access to an updated forecast on a tropical depression that would directly affect the area?

29.  According to you, there were four reasons for pairing Rodgers with Lee Allen, correct?

30.  Isn’t it true that one of them was, in your words, “financial”?

31.  When Lee said that Lee would demand a refund, you stated in your affidavit that you tried to calm Lee down because “I didn’t want an unhappy customer,” and you went on to say, “And I definitely didn’t want to refund Lee’s $10,000.” Is that true?

32.  You said in your affidavit, “I was afraid that if I didn’t let Lee partner with Reggie, I might have to refund the $10,000.” Isn’t that right?

33.  Neptune has discontinued dives to The Hepburn, correct?

34.  Not because of impending threats from the USCGIS, according to your affidavit, but because “of all the bad press,” isn’t that right Mr. Hathaway?

No further questions, Your Honor.