Friday, March 14, 2008

DSV Jillian Morrison Tragedy
Posted by Mike

Here is a glimpse into the dangers faced by Commercial Divers every day, and the associated antics that the companies in the Gulf of Mexico play whenever something horrible happens.

From Off Shore Diver, a forum for commercial divers, we learn,

On Wednesday, March 12, 2008, at 3:17 pm, within 24 hours of the explosion aboard the M/V Jillian Morrison, attorneys for Jillian Morrison, LLC, Chet Morrison Diving, LLC, Chet Morrison Contractors, Inc. and Chet Morrison Services, LLC filed a COMPLAINT FOR EXONERATION FROM OF LIMITATION OF LIABILITY in the U.S. District Court for the Eastern District of Louisiana in New Orleans (file number 08-1255).

In the filing Chet Morrison, et al in parts prays for relief that "only if (CHET MORRISON, et al) be adjudged liable, that such liability on the part of [CHET MORRISON, et al] for the loss of life, bodily injury, property damages or other loss or damage as a result of consequence of said incident be limited to the amount for value of [CHET MORRISON's et al] interest in the M/V JILLIAN MORRISON....

Attached to pleadings for relief is an affidavit signed by Mr. Leroy Guidry stating that the value of the M/V JILLIAN MORRISON is "less than $1,000,000." Additionally, a NOTICE TO CLAIMANTS OF COMPLAINANT FOR EXONERATION OR LIMITATION OF LIABILITY was filed concurrently.

Noted Bobby Delise, an attorney specializing in admiralty (or maritime) law, also at the forum,

Under maritime law a vessel owner may attempt to limit liability and enjoin prosecution of any pending actions or yet to be filed actions. There are exemptions and reasons to deny the request by CHET MORRISON. I will follow up if so asked to address this complicated legal issue. I have always stated that knowing the law empowers those who are benefited by the law.

I asked CHET MORRISON for an explanation why this was filed so early in this tragedy. I have kept off this forum during this crisis. I can't sit by idle.

This case illustrates how fast these companies engage their attorneys. While the rest of us, including the Coast Guard are still picking up the pieces and trying to figure out what just happened, the companies in this particular maritime environment work magic behind the scenes to ensure that nobody ends up paying a price because they are protected by stupid, antiquated laws that are on the books, and a Coast Guard who has no idea how to regulate them!

I just wanted to bring this subject up again. This is a real live case; the CG is on the scene, the accident just happened on Tuesday night, March 11. I would challenge each of you to track the prosecution of this case and watch how the company ends up finagling to ensure it bears no liability - now here is the rest of the story...

Those that were injured or end up dead (God forbid) will spend the next several years in and out of medical facilities trying to recover from their injuries, and they will spend the rest of their time tied up in a legal system that ultimately will rule against them. The company will get a replacement for the vessel; they will then hire a new dive crew and they will be back in business, as for those who were medivac'd, they're hosed.

How do I know this? Three divers from my son's dive crew ended up permanently brain damaged with CO poisoning from inexperienced leaders trying to handle his case. Two divers from his crew have tried suicide at least twice. All but two out of a crew of 10 (if I remember correctly) have quit the diving business. All of them are still in the legal system and have found no resolution, while the CG drags through an investigation that they may never really solve...

This really isn't science fiction, its real! MM

Posted on Friday, March 14, 2008
   

Labels: by Michael McGrath, commercial diving

12 comments:

At Friday, March 14, 2008 5:50:00 PM EDT Peter A. Stinson said...

I've reformatted this post and reposted with a later time so it's on top for a little while.

The words remain as Michael wrote them.

 

At Friday, March 14, 2008 6:30:00 PM EDT Mike said...

As always, thanks Peter... MM

 

At Saturday, March 15, 2008 10:05:00 AM EDT Clinton said...

Amen Mike, maybe you can wake these guy's up.

 

At Sunday, March 16, 2008 4:59:00 AM EDT alljoy said...

Mike, hey my uncle was in this explosion, if u can share any information in private on ways my family can understand this better feel free to contact us...either thru this forum or in private

 

At Sunday, March 16, 2008 10:21:00 PM EDT Mike said...

alljoy, if you'll give me your contact info, I'll get in touch with you...

Don't know if you ever read the diver's blog over at www.offshorediver.com, but there is some information there as well.

After my son died, I got together with Jess Sullivan (editor of off shore diver magazine) and Bobby Delise (maritime attorney) and created a fund for such tragedies.

I found out today that our first payout has occured to a family that lost their beloved diver father. I just wept, but I'm glad we set aside those funds to help that momma and her 3 kids.

I'd be glad to talk with you. Unfortunately, things are going to get ugly for the poor guys that got hurt, but I'll help in any way I can. MM

 

At Sunday, March 16, 2008 10:29:00 PM EDT ryan said...

As a commercial diver, I worked for Chet Morrison for only a month and a half, mostly on the Jillian, because I felt Chet was a shady deceptive company. I never really felt comfortable on any of their boats, its hard to do your job feeling that way so I quit and went elsewhere. I wouldnt be the least bit surprised if Chet 'shades' their way through and never pays a dime. I'll tell you what I've told every other diver I've talked to: 'Dont go to Chet, its not worth your life'. Prayers for these men on the Jillian, I hope everyone made it back to beach ok.

 

At Sunday, March 16, 2008 10:45:00 PM EDT DiverDeal said...

Forgot to mention that of the 12 divers I worked with on the Jillian, only 1 has continued to work for Chet and he was injured in the blast by flying debris. It will be interesting to see if he gets any kind of compensation.

 

At Sunday, March 16, 2008 11:17:00 PM EDT Shay said...

My husband was on the Jillian Morrison when it exploded. He said he does not know what heaven looks like, but on Tuesday night he got a good look at hell. I hope the judge rejects petition.

 

At Sunday, March 16, 2008 11:56:00 PM EDT alljoy said...

give me a email address

 

At Monday, March 17, 2008 1:24:00 PM EDT Mike said...

alljoy; email mikemcgrat@gmail.com

God Bless, MM

 

At Monday, March 31, 2008 7:59:00 PM EDT RRC said...

My dad was on the boat and he said it's the worst thing he has ever seen ----- he has worked on pipelines for over 30 years!

 

At Saturday, April 12, 2008 9:27:00 PM EDT Anonymous said...

I am sorry for the families loss,
I have worked in management and I work on a dive vessel and this has been going on for a good while in the Gulf. I have seen both sides of the job where the office will tell the captain or dive sup. "they will do the job or they will be fired". The only way to prevent this from ever happening again is through public out cry. If not it will happen again. I spent 20 years in the Coast Guard before working in the Gulf and I have Seen things happen out here that has cost lives. All of the crews on these boats know what is safe and unsafe, but the office only looks at the money side of any job profits. They know in time it will be forgotten and they start doing the same thing until another family has to go through another Jillian. We Can't keep doing this kind of unsafe work out here. Things need to change. Again, I am sorry for the loss and all my prayers go out to the families and crew.

 

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