District Court for the NMI Designated Judge Frances M. Tydingco-Gatewood ordered the dismissal with prejudice upon stipulation of all parties, through their respective attorneys of record. “With prejudice” means that the lawsuit cannot be refiled.
The parties will bear their own attorneys’ fees and costs, and the District Court for the NMI will retain jurisdiction “to enforce the resolution among the parties.”
Variety learned that settlement negotiations between the parties started in September.
Jones sued Axe Murderer Tours LLC and Harry Blalock, Green Flash LLC and Joe McDoulett, and the Professional Association of Dive Instructors a year after her husband, John Jones, went missing at the Grotto on Nov. 18, 2018.
Mrs. Jones’s lawsuit alleges negligence, wrongful death, and breach of the Consumer Protection Act.
The defendants, through their respective attorneys, have denied the allegations.
John Jones, an employee of the Federal Aviation Administration for 30 years, was sent to Saipan to aid in the recovery efforts of the local airport after Super Typhoon Yutu slammed into the island in October 2018.
On Nov. 18, 2018, John Jones, with a fellow employee, decided to go scuba diving and sought a diving guide, Blalock. They were later joined by McDoulett of Green Flash.
John Jones went missing during the dive at the Grotto.
The U.S. Coast Guard, the U.S. Navy, the U.S. Air Force, and the CNMI Department of Public Safety searched for Mr. Jones for several days, but he was never found.
The search was suspended on Nov. 24, 2018.
A presumptive death certificate was issued on March 22, 2019 with Nov. 18, 2018 as the date of death.
The 65-year-old John Jones left behind his wife of 46 years, two children, five grandchildren, and his mother.
Mrs. Jones, who was represented by attorney William M. Fitzgerald, asked the court for a monetary award for damages with interest, an award of attorney’s fees and other costs and expenses as well as other relief the court deems just and proper.
According to the lawsuit, “Neither Blalock nor McDoulett asked about Jones’ diving experience; they did not inform Jones of the level of difficulty and experience needed to safely dive in the Grotto and they did not inform or obtain Jones’ consent as to the risks of harm, including the risks of harm arising from defendants’ conduct, in participating in the dive.”
McDoulett was represented by Guam attorney Thomas C. Sterling; Blalock and Axe Murderer by attorney Sean Frink; and PADI by attorney David Banes.
