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By Cherrie
Anne E. Villahermosa
Variety News Staff
A SCUBA diving school on Saipan
has been sued by the father of one of the divers who drowned in 2005 at
the Grotto.
Hideki Morita, through attorney William M. Fitzgerald, filed a complaint
against Scuba World Inc., doing business as Pastime Saipan, in federal
court yesterday.
Morita is the father of Megumi Morita, one of the two divers who died
while diving at the Grotto. The other diver was Mayumi Fukuda, a diving
instructor.
The father filed a complaint of wrongful death against the defendant for
failing to follow proper procedures in conducting the PADI Advanced Open
Water Scuba Diver course; for providing an incompetent diving instructor;
for failing to provide adequate safety instructions and a dive plan; for
providing malfunctioning equipment; for taking Megumi Morita on a dive
when the day in question was dangerous because of weather conditions and
far beyond the ability of the victim which was known to the defendant.
The defendant, moreover, according to the complaint, failed to follow
proper safety and emergency procedures during the dive; failed to resolve
the victims problem underwater and negligently took her to the surface;
and failed to have emergency oxygen at the dive site.
The complaint stated that the defendants conduct constitutes gross
negligence and reckless disregard of Megumi Moritas safety.
According to the complaint, Megumi Moritas parents suffered pecuniary
loss which includes but it not limited to loss of economic benefits as
well as grief and emotional distress.
Hideki Morita is seeking special and general damages, exemplary and punitive
damages according to proof and such other relief as the court deems appropriate.
He is also demanding a jury trial on all issues.
The complaint stated that Megumi Morita and her friend Naomi Tsumura completed
the PADI open water scuba diver course in May 2005 in Okayama, Japan.
The two student divers were awarded certification cards as open water
divers.
The PADI is an international organization that conducts scuba diving courses
and certifies divers at various skill levels.
Students are encouraged, upon completion of the open water course, to
take the PADI advanced open water course which allows them to take special
courses.
Megumi Morita and Naomi Tsumura wanted to improve their skills and learned
that H.I.S., a Japanese travel agency, was advertising a package tour
to Saipan that would allow them to obtain advanced certification as PADI
advanced open water divers.
The two purchased the package tour and the PADI and Pastime Dive Shop
undertook the responsibility of providing instruction and supervision
of the advanced open water course to Megumi Morita and Tsumura.
The two left Osaka on July 15, 2005 and arrived on Saipan in the early
morning of July 16, 2005.
The two were taken to their hotel and slept briefly before they were required
to report to the Pastime Dive Shop.
According to the complaint, Morita and Tsumura were given no materials
or instructions before they were taken to Laulau Beach for their first
dive.
The complaint stated that the instructor assigned to them did not inquire
about their dive experience.
Included on this dive, which was the first dive of the course, were four
other divers who were not taking the course but were under the supervision
of the same instructor.
The complaint stated that despite the turbulent sea and adverse conditions,
Morita and Tsumura were instructed to dive at the Grotto as part of their
course.
Led by the instructor Fukuda, the group including the two victims, descended
to the bottom of the Grotto and then proceeded out to the open ocean through
one of the tunnels.
Megumi Morita encountered difficulty with her equipment and signaled that
she was having problems.
Fukuda went to her and the two of them began to slowly rise to the surface.
Morita was later found lying on the floor of the ocean without her regulator
in her mouth. She was brought back in through the tunnel and to the surface
and taken out of the water where CPR was performed, but to no avail. She
was pronounced dead later at the Commonwealth Health Center.
Fukudas body was found the next morning, miles away from the Grotto.
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