Facts

Michael Prickett sued Bonnier Corp., Bare Sports USA, Corp., Bare Sports Canada LTD, World Publications LLC, and Warren Miller Entertainment Inc., in connection with workplace incident.

PLAINTIFF'S CONTENTIONS:
Plaintiff, a surfing cinematographer, contended he was hired by defendants Bonnier and Miller to film an underwater commercial for Bare Sports Canada at three remote dive sites in the Pacific. Plaintiff alleged that defendants provided him with an ineffective dive watch, which was unsuitable for commercial diving and incorrectly set to read in meters as opposed to feet. Plaintiff further alleged that just as he and Peter Falk, an executive for Bare Sports, got in the water, the rest of the crew, including the safety divers, left them to chase dolphins. Meanwhile, plaintiff and Falk were forcefully taken by the current further out into the ocean and ended up in 203 feet of water.

As a result, they had to make an emergency ascent, and did not have any time to made decompression stops. When the boat finally saw them, the crew immediately took them onboard instead of allowing them to recompress. Consequently, plaintiff and Falk suffered from the effects of decompression sickness, resulting in bubbles in their blood. Falk suffered a minor attack, while plaintiff sustained a catastrophic spinal cord decompression. Top Dive Rangiroa, the company hired to arrange the dives, failed to prepare for such contingencies, and consequently plaintiff was not taken to a decompression chamber in time, thereby causing permanent damage.

Plaintiff sued defendants for gross negligence, ignoring safety standards, and other omissions. Plaintiff also accused Bare Sport Canada of violating the rescue doctrine. Plaintiff alleged that defendants Bonnier and Warren Miller abandoned him at a hospital in Tahiti. Furthermore, plaintiff claimed his condition would require lifetime care.

DEFENDANTS' CONTENTIONS:
Defendants Bonnier and Warren Miller contended that plaintiff misrepresented his experience and qualifications, claiming to be a highly experienced scuba videographer when, in fact, most of his experience was as a surf videographer, which does not involve the use of scuba tanks. Had defendants known of plaintiff's relative lack of experience, he would not have been hired for the job. Defendants denied that currents played a factor in taking plaintiff and his companion, Falk, who defendants claimed was a very inexperienced diver, to a depth of over 200 feet. Rather, defendants claimed, it was plaintiff's own negligence in failing to keep track of his depth, time or decompression limits and ignoring the attempts of Falk to get his attention and start their ascent earlier.

Settlement Discussions

Bonnier and Bare Sport Canada offered to settle the dispute for $1.3 million, which amount was increased to $3.85 million before trial and further during trial.

Damages

Prickett sought $450,000 in past medical expenses, $2.3 million in future medical expenses, and $1.3 million in lifetime earnings losses. His wife also filed a loss of consortium claim while his 15-year-old daughter filed her own, separate claim for loss of society.

Injuries

Prickett sustained a Type III, spinal cord decompression, which was catastrophic and permanent. His injuries left him in a semi-paraplegic state. As a result, he only had spastic control of his legs and needed aid to walk. He also sustained damages to his bowels and bladders, which caused frequent urinary tract infections.

Result

Following a jury trial, the parties reached a $7.8 million settlement while the jury was still deliberating the case. Of the total settlement, Bonnier and Warren Miller agreed to pay the bulk, $7.5 million, with Bare Sports Canada shouldering the rest.