Buffalo, New York | $950,000 | Scuba Diving
After one week of trial, this case was settled for $950,000 for the wrongful death of a 55-year-old physician who drown while participating in a scuba diving class at Sherkston Quarry in Ontario, Canada. The decedent, a prominent Emergency Medicine physician from Buffalo, was certified as a basic or novice diver. To receive the next level of certification, he needed to complete a "navigation skills" course. After completing the navigation and compass course, the decedent's diving "buddy" became cold and left the water. The instructors allowed Dr. Scott to remain in the water to test his new dive suit, and he remained in the water unaccompanied. Dr. Scott was found floating in approximately 35 feet of water and approximately 60 feet from shore. Ballow argued during trial that the failure to adequately supervise Scott or to have him leave the water with the other class members was negligent. Ballow enlisted the aid of Glen Egstrom, Ph.D., Professor Emeritus of the Department of Kinesiology from UCLA in California. Ballow proved at trial that Dr. Scott's death resulted from drowning by offering the testimony of Justin Uku, M.D., a Forensic Pathologist.
