CDNN :: Judge rules diver can sue California dive operators
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LOS ANGELES, California (24 Mar 2008) — A recreational scuba diver abandoned in the ocean off Newport Beach in 2004 can take to trial his $4 million lawsuit against the dive shop that planned the trip, along with the company that owned the boat and its crew, a judge has ruled.
A California judge has ruled that Dan Carlock (pictured above) can proceed with his $4 million lawsuit against PADI 5-Star Ocean Adventures Dive Co. and Sundiver Charters.
Los Angeles Superior Court Judge Edward A. Ferns denied a motion by Sundiver Charters of Long Beach and Venice-based Ocean Adventures Dive Co. to dismiss Daniel E. Carlock Jr.'s case on grounds he assumed the risk of being left in the ocean and that there were therefore no triable issues.
"While (the diving companies have) shown there is a risk inherent in the sport of diving that a diver will become separated from other scuba divers, it has not been shown that there is a risk inherent in the sport ... that divers will forget and abandon their co-participants in the ocean ...," Ferns wrote...