June 23, 2016 - On July 21, 2010, Wesley Skiles was scuba diving one mile off the coast of Boynton Beach, Florida, performing underwater cinematography for National Geographic Television. He was using a Dive Rite O2ptima closed circuit rebreather manufactured by defendant Lamartek, Inc., when he ran out of oxygen and drowned.

On July 18, 2012, plaintiff Terri Skiles, his widow, filed a wrongful death action against Lamartek in the Circuit Court of Palm Beach County, Florida, claiming that her decedent died due to a malfunction in the O2ptima rebreather he was wearing. Defendant argued that an official investigation conducted by the Medical Examiner and at least two independent experts revealed that the rebreather was working properly. Instead, defendant claimed that Mr. Skiles, who had borrowed the rebreather from another diver, was not certified in its use and was under the influence of narcotics, died due to user error or his own negligence. The action proceeded to a 12-day jury trial.

On May 20, 2016, the jury returned a defense verdict. According to defense counsel, defendant offered $ 40,000 in April of 2015. Plaintiff's demand was $ 1,000,000 pre-trial and $ 25,000,000 at trial. Defendant was represented by David G. Concannon of Wayne, PA, and Christopher F. Lanza of Miami, FL. According to Mr. Concannon: "Plaintiff received approximately $ 560,000 in settlements and insurance payments from other parties prior to going to trial against Lamartek. Two of Plaintiff's four claims against Lamartek, fraudulent concealment and breach of warranty, were dismissed pursuant to a directed verdict after the close of the Plaintiff's case-in-chief at trial. The jury deliberated for four hours before finding that Plaintiff's remaining claims for negligence and strict products liability were without merit. Lamartek intends to seek taxation of more than $ 500,000 in fees and costs expended since April 2015 in accordance with Florida Statutes, 57.105."

Lexis Advance subscribers can view this case summary in its entirety at Terri Skiles, as Personal Representative of the Estate of Wesley Skiles, Deceased v. Lamartek, Inc., d/b/a Dive Rite, et al.; 2016 Jury Verdicts LEXIS 3996.