Robert H. Miller
Phone: 603.627.8145
Fax: 603.641.2380
rmiller@sheehan.com
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Sheehan Phinney Attorney Prevails for Ambient Pressure Diving in Internationally Watched Products Liability Lawsuit |
(November 20, 2008. Concord, NH.) - In a closely watched test case with international implications that was discussed on Internet forums around the world, Ambient Pressure Diving, Ltd., the English manufacturer of sophisticated scuba diving equipment known as the Inspiration rebreather, was found not responsible for the death of Robert Barrett - a diver who died while using the equipment in Pennsylvania in August 2002. After a nearly four-year legal battle and a two-week trial, a federal court jury of four men and four women in the United States District Court for the District of New Hampshire deliberated for just over an hour before returning a unanimous verdict that Ambient's Inspiration rebreather did not have a design defect and was not unreasonably dangerous for its intended use.
The case was tried in New Hampshire because Silent Diving Systems, the North American distributor for the Inspiration rebreather and other Ambient Pressure Diving products, is located in Center Conway, New Hampshire. The Inspiration is a closed-circuit rebreather that recycles exhaled air through a carbon dioxide scrubber, allowing scientists, researchers, explorers, the military and recreational divers to dive to greater depths, stay underwater longer, and not produce bubbles via exhalation. Divers must undergo extensive specialized training and receive advanced certification before they are allowed to purchase the Inspiration. Ambient is the world market leader in the production of closed-circuit rebreathers - and its' rebreathers are used by institutions and individual users all over the world, including National Geographic, the Discovery Channel, the History Channel, the University of Hawaii, the BBC and Sky News.
The case was brought by Stephanie Barrett, widow of Robert Barrett, who claimed that a design defect in the Inspiration rebreather caused her husband's death. The federal jury, however, rejected allegations by Mrs. Barrett, advanced by her expert witness, Alex Deas Ph.D. of Scotland, that a combination of electronic and software failures of the Inspiration's patented redundant control systems caused the rebreather to stop delivering oxygen to Mr. Barrett underwater, causing him to pass out due to hypoxia and drown. Mrs. Barrett's other claims of negligence, breach of warranty, and unfair and deceptive trade practices were dismissed for lack of evidence.
David G. Concannon of Wayne, Pennsylvania, and Robert H. (Rob) Miller of Sheehan Phinney Bass + Green PA in Manchester, New Hampshire tried the case for Ambient before United States District Court Chief Judge Steven J. McAuliffe.
Mr. Concannon is an international diving expert and trial lawyer, who litigates cases in state and federal courts around the United States. He has been an advisor to six expeditions to the wreck of the R.M.S. Titanic, a participant in three Titanic expeditions, and has also served as a legal advisor to several international expeditions, including two expeditions to Mt. Everest; the X-PRIZE Foundation, which awarded a $10 million prize for the first private space flights; an expedition to explore the Bismarck; and the Atlantic Sands expedition, which discovered the world's deepest wooden shipwreck resting 16,100 feet deep in the Bermuda Triangle. Mr. Concannon is one of only a handful of people to ever dive to a depth in excess of three miles. He serves on the Board of Directors of Camp Mowglis in Hebron, New Hampshire.
Mr. Miller has an active federal courts practice, and litigates complex commercial disputes before the New Hampshire state courts, the New Hampshire Supreme Court, and the United States District Court for the District of New Hampshire. Before joining Sheehan Phinney, Attorney Miller clerked for United States District Court Chief Judge Paul J. Barbadoro. He is a graduate of Yale University and the University of Pennsylvania Law School, and is the author of the best-selling law school primer Law School Confidential and several other non-fiction books.
Founded in 1937, Sheehan Phinney has grown to 61 attorneys with four offices throughout New Hampshire and Massachusetts. The firm provides a full range of legal services to businesses, institutions and non-profits throughout New England and the United States. The firm is known for professional excellence, practical counsel and commitment to both its clients and the communities it serves. Sheehan Phinney is the exclusive member in New Hampshire of Lex Mundi, the world's leading association of independent law firms. |
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