David Hale wrote:

> Dave - They have scrapped the boat? This is
> astonishing. I cannot see how a capsized boat like
> that could become a total loss, unless that is a legal
> dodge related to their Admiralty Law statement.
> ("We'll lose the boat to the victims anyway, so screw
> the customers and scrap it.")

I suspect that the cost of refurbishing may have exceeded their
insurance on the vessel, and by selling it for scrap they recoup some of
their monetary loss. Even if they eventually have to pay it out to
settle the claims, it will be working capital in the meantime.

> PHD's lawyers can write registered letters all they
> want, but our US courts may find otherwise.

The legal jousting has just begun.  The only lawsuits of which I am
aware have been filed in state court in Florida, where PHD is
headquartered.  The PHD lawyers filed an action in FEDERAL court in
Florida to limit their liability (under Admiralty Law, which does not
allow for payment of pain and suffering, punitive damages, or anything
other than actual monetary losses.)  The PHD lawyers will probably
attempt to trump the state court suits by invoking federal law and
international treaties. If all their insurance money is paid out under a
Federal court settlement there would be nothing left to satisfy the
state court judgments.   They are probably hoping that the families'
lawyers will advise their clients to settle for an apportioned piece of
the insurance pie.  Even though the settlement might be radically less
than a state court jury award, the lawyers would then collect their 1/3
fee for simply attending a couple of meetings and filing some papers.
The families might jump at the chance for a quick infusion of cash,
rather than waiting for the conclusion of a drawn-out trial.  It's all
legal, but it stinks!    8^P

> A class operation at the very least should refund your
> unused trip. That's only common decency. But I had
> seen on cyberdiver that PHD is using their
> waiver/disclaimer to avoid unused trip refunds, so I'm
> not surprised, merely dismayed.

I understand (was it from CyberDiver?) that PHD has also refused to
refund the payments made by those passengers scheduled aboard Wave
Dancer the weeks following the accident -- even though there was no boat
for them to sail upon!

> This is simply shameful behavior on PHD's part. I
> guess everybody thought that major operators like
> Agressor and PHD would take care of their customers in
> the event of a catastrophe, but we now see that they
> won't.

Business is business . . .  Our Club members aboard the Belize Aggressor
received vouchers for a future trip, but no refunds.

> Moving another boat there shows they expect this to
> have little impact on their bu$ine$$, which is no
> doubt quite true.

The vacationing public has a short memory.

> Dave, I hope you will continue to keep us up to date
> on this situation. It is apalling beyond belief, but I
> think we on the list need to follow the story as it
> unfolds. It seems to be already forgotten in a lot of
> quarters, but I hope that won't happen here.

I'll keep the list advised.  Unless there is a quick settlement after
January 30, there won't be much to report for awhile.  I'm going to be
in Cozumel on the 30th, so I will be blissfully ignorant until I
return!     ;^)

> This could make for some interesting questions from
> the audiences in the PHD presentations in this year's
> DEMA show!!! I may have a few to ask myself!

Let me know what their answers are!     8^)

Dive safe [\],
-Dave

--
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Dave DeBarger
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"The World is always Turning toward the Morning."
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