Bailey Johnson Cross

-          You evaluated the Neptune model in coming to your conclusions, correct?

o   Mr. Johnson, you said the Neptune model has been a financial success?

o   They are the fourth largest scuba diving company in terms of volume and profit?

o   You said that they cover their luxurious costs by charging customers more?

o   And some of that extra cost goes to pay top dollar for top talent?

o   As a result, some of the best scuba professionals in the industry, including Reggie Rogers, have gone to work for Neptune?

o   As a matter of fact, you said that they have significantly reduced the market share of several competitors?

o   One of those competitors is your company, Scuba Challenge?

§  Do you recall your editorial, “On the Nose”?

§  You affirm today that everything in that article is true?

§  In that article, you expressed your frustration at Neptune for costing your company millions of dollars through the customers that chose their company?

-          You said that you are here to testify, free of charge, because you have concerns with Neptune’s safety practices?

o   You were not only familiar with Neptune, but Hayden Hathaway prior to this case?

o   In your experience working with her at your company, she was an outstanding diver?

§  Also an outstanding dive master and dive leader?

§  So good, that you were sad to see her go to start her own company?

o   Now, you used Scuba Diving 101 as the basis for your conclusions correct?

§  You didn’t rely on any other documents or publications, other than the article you authored?

§  Hayden Hathaway co-authored that document?

§  The purpose of that article is to ensure the safety of divers?

§  You have access to statistics regarding the safety of major scuba companies?

§  The national scuba diving association’s annual review of scuba safety and the scuba safety commission’s biannual summary of dive safety are relied on by the public and experts as accurate and true reports?

·         They found that Neptune has had some of the best safety results since its inception in 2006?

·         Their historical safety record is in the top 10% of all diving companies worldwide, on a per customer basis?

o   In other words, 90% of companies experience more diver deaths and injuries, on a per customer basis, than Neptune?

o   Their record is close to perfect?

o   And this is all at divers deeper than 130 feet, correct?

·         Prior to Lee Allen, Neptune had never had a customer die?

·         And prior to Lee Allen, Neptune hadn’t even had a customer experience any significant injury?

o   Let’s review some of your conclusions for a moment. (Will vary based on direct examination)

§  You believe that Rogers was correct to help Frankie Fernandez in the water on July 7?

·         The path that Rogers directed Lee Allen to follow had multiple safeguards?

o   This included the fact that the path was marked clearly by orange rope?

·         You believed that Allen would have expended precious oxygen had he had to have waited for Rogers while he helped Fernandez?

·         And if Allen had to have surfaced alone, given his symptoms, it would have been a formidable challenge?

o   As a result, you found that Rogers was correct in abandoning the buddy system and sending Lee Allen ahead?

·         And your opinion is that the likely explanation for Lee Allen ending up on the second deck was his decision to swim there?

·         You believe that Rogers decision to surface without Lee Allen was reasonable?

o   Moving along, you noted that you suspect that no recreational diver would dive into the Hepburn if she knew how dangerous it really was?

·         You are familiar with the Neptune Brochure?

·         It is stated on that brochure that the dive requires advanced skills.

·         [Closing point: Brochure is contractual language]

§  You said that a certain level of additional experience is necessary to dive at 170 feet?

·         This is partially due to the increased propensity of nitrogen narcosis at those depths?

·         You are familiar with the fact that Lee Allen was diagnosed with Hypertension?

·         Lee Allen was aware of this diagnosis?

·         And we know that hypertension predisposes a diver to Nitrogen Narcosis?

·         Neptune Underwater Expeditions was not familiar with this diagnosis?

o   Because Lee Allen chose not to provide the Bernhardt Medical Record?

·         To clarify, Scuba Diving 101 must be followed in its entirety to ensure safety?

o   Scuba Challenge abides by these rules in their entirety?

o   Scuba Challenge does not require physicals?

o   And that is because the to disclose medical information responsibility lies with the customer?

·         You said that you couldn’t rule out the possibility that Lee’s hypertension contributed to his own death, correct?