Bob, , , All, , ,

    I'll come out of "Lurk Mode" to respond to portions of this issue.
I'm not a lawyer but I have a LOT of experience in Civil cases. I've
participated in civil trials in State and Federal courts. Courts in New
Jersey, Virginia, Georgia, Alabama, Mississippi, Louisiana, Florida,
Tennessee, North Carolina, South Carolina,  Oklahoma and Texas. There
may be more but I just can't think of them right now!!  The great
majority (if not all of them) involved personal injury, , , a lot of
them were "Wrongful Death" cases!!

Now, , ,

Bob said:

<<<Have you read the WAIVER and RELEASE of the Peter Hughes Fleet
regarding deaths, even if it's caused by negligence on the part of
members of the Fleet (REQUIRED to be signed by all passengers before
the can dive with the Fleet)?>>>

    (A)  I hardly have the experience on PHDiving boats as you but I
have dived with PHDiving in Papua New Guinea (97), , Wave Dancer in
Belize (98), , Turks & Caicos (99), , and, , Palau (01).  I've signed
the PHDiving releases on all of those trips!! All of those trips were
"Full Charters" and I was one of the principal organizers!!

    (B)  Based on my experience in civil cases and my experience in
signing those releases on PHDiving boats I can assure you of a couple of
things.  (1)  I'm pretty much like anyone else who signs those things, ,
, I don't read (much of) them!! (2)  All the Plaintiff has to do is to
"Qualify" an expert (with the "Court") who is there to convince the jury
that the release is worthless. I would guess his proof would be as
simple as "everyone signs them" and "rarely does anyone read them"!!  My
experience in this area suggests that it would be a rare event to see a
judge throw out a "Wrongful Death" case due to a signed "Waiver and
Release" form!!  It's possible, , , my educated guess is that it would
be rare!!

<<<The captain, crew, and the Peter Hughes Inc personnel are already
IMMUNE
from prosecution, given the voluntarily signed comprehensive WAIVER and
RELEASE agreement by the passenger, so why shouldn't they talk?>>>

    They are NOT immune to Civil litigation, , , can't speak for
criminal!!

    Only PHDiving and/or those who are advising them can answer the
question as to why they are not talking!! Personally, ,I think it is
prudent advice. Getting the facts right before being sued is a very,
very good thing!! Talking about the facts and having them wrong before
being sued is a very, very bad thing!!

    They have to assume they are going to be sued!!

Alfred Kirkland
Dahlonega, GA.