On March 14, 2011, Plaintiff Michael Prickett, 47, a big wave cinematographer hired to film an underwater advertisement for Bare Sports Canada, was taken to Tiputa Pass, a deep and narrow strait that runs between an interior lagoon and the ocean that surrounds Rangiroa, an atoll 220 miles northeast of Tahiti. Prickett was retained by Bonnier Corp. and Warren Miller Entertainment Inc. to produce an ad for Bare Sports at three remote dive locations spread across the Pacific for only $76,000. As a result, two divers from a local dive company, Top Dive Rangiroa, brought Prickett, a second underwater videographer, and a Bare Sports executive to Tiputa Pass in the middle of an ebb tide, when the current runs offshore toward the Pacific Ocean. Shortly after the five-person production team arrived on-site and gathered in the water beneath the dive boat to begin their dive, Peter Falk, the Bare Sports executive, started to have problems with his mask and had to go back up to the boat. Since Falk was a complete novice, Prickett followed him to the surface to see if he could help, thinking that the safety-divers, who were also acting as “on-screen” talent, and the assistant photographer would wait beneath the boat until they had returned. However, when Prickett and Falk resumed their dive, after spending no more than 30 seconds on the surface without leaving the water, they discovered that the rest of the production team had swum off in the direction of the open ocean. Discovery revealed that just as Prickett and Falk had started back up to the boat, the safety-divers/models spotted a pair of dolphins and chased after them in pursuit of a photo opportunity, and the assistant photographer followed. Since Prickett and Falk did not see the dolphins, they allegedly swam off in an attempt to find the rest of the production team. However, after about 18 minutes, Prickett and Falk found themselves alone and in 203 feet of water. Falk and Prickett ultimately had to make an emergency ascent without any decompression stops. Due to all the nitrogen their bodies had absorbed during the dive, their blood began to bubble and effervesce as soon as they reached the surface. To make matters worse, the other divers surfaced at roughly the same time, but further offshore, so instead of standing by, giving Prickett and Falk new scuba bottles and allowing them to return to the depths to recompress, the Top Dive boat had to take Prickett and Falk on board and speed over to pick up the others before the current carried them away. By the time the assistant photographer and the two safety-divers/models were recovered, both Prickett and Falk were suffering from the effects of decompression sickness, also known as “the bends.” Unlike Falk, who somehow experienced only a mild attack, Prickett suffered a catastrophic, Type III, spinal cord decompression with an air embolism and passed out before the divers could put him back in the water. It ultimately took more than six hours to get Prickett to a decompression chamber in Papeete, but by then, permanent, bubble-related lesions had formed in Prickett’s lumbar spine, leaving him a semi-paraplegic with spastic lower extremities and a neurogenic bowel and bladder. Prickett brought California claims against Bonnier Corp.; Bare Sports USA Corp., Bare Sports Canada, Ltd.; World Publications LLC; and Warren Miller Entertainment Inc. Prickett sued Bonnier Corp. and Warren Miller Entertainment under theories of gross negligence and peculiar risk. He also sued Bare Sports Canada under the rescue doctrine. World Publications and Bare Sports USA were ultimately dropped from the case. In addition, Prickett never attempted to assert United States jurisdiction over Top Dive, and when the defendants attempted to bring Top Dive in on a cross-complaint, it successfully quashed the summons for lack of minimum contacts. As a result, both Prickett and Bonnier Corp. are currently pursuing civil claims against Top Dive and its lead safety-diver/model, Nicolas Bernard, under French law in Papeete. In the California action, plaintiff’s counsel contended that Bonnier Corp. and Warren Miller Entertainment had retained Prickett in an attempt to produce an ad for Bare Sports at three remote dive locations spread across the Pacific for only $76,000. However, counsel asserted that when Bonnier Corp. and Warren Miller Entertainment found out that their production expenses would be more than the $60,000 that they had budgeted for the project, they tried to cut costs at the first site, Rangiora, by changing the narrative, dropping the plan to film the same two models in Bare Sports gear at all three sites, and allowing the local dive guides from Top Dive to act, not only as safety divers, but as “on-screen” talent. Plaintiff’s counsel asserted that such a two-hat arrangement, violated standard underwater-video- safety protocols. Counsel further asserted that Bonnier Corp. and Warren Miller Entertainment compounded this violation by persuading Top Dive to do the job for free in return for “b-roll” and free publicity. Plaintiff’s counsel noted that Tiputa Pass is known primarily for its dolphin encounters, but that diving there can be dangerous because of a powerful local tidal current, known as the “Rangiroa Express,” so most local dive companies only go there on a flood tide, when the current runs inshore toward the safe and shallow waters of the lagoon, and not on an ebb tide, when the current runs offshore toward the deep and dangerous Pacific Ocean. Counsel contended that Top Dive, nonetheless, chose to take Prickett and the Bare Sports production team to Tiputa Pass in the middle of an ebb tide because it had reserved that day’s flood tide for paying customers. Regarding the underwater incident, plaintiff’s counsel contended that Prickett and Falk did not initially realize that the production team had swum off and were unable to see the dolphins that the production team was swimming after. Counsel contended that since Prickett was the lead photographer and Falk was the customer’s representative, they decided to swim after the group. However, plaintiff’s counsel maintained that as both men swam after the group, they were swept away on the ebb and pulled down to deeper and deeper water. As a result, about 18 minutes later, they found themselves alone at the seaward lip of Tiputa Pass in 203 feet of water. Plaintiff’s counsel contended that Falk began to panic and hyperventilate, which exhausted his scuba tank. Counsel contended that as a result, Prickett came to the rescue, shared his tank with Falk, and started escorting Falk back through the current to the surface, but Falk exhausted both of their tanks while they were still 40 feet deep. Counsel further contended that Falk and Prickett then had no choice but to make an emergency ascent without any decompression stops, which caused them to suffer the bends. Plaintiff’s counsel asserted that since Top Dive, Bonnier Corp. and Warren Miller had not prepared an emergency action plan to deal with such contingencies, it took them more than six hours to get Prickett to a decompression chamber in Papeete, causing Prickett’s condition to become permanent. In addition, plaintiff’s counsel contended that after Prickett was informed by the doctors in Tahiti that he would probably lose the use of his legs, Bonnier Corp. and Warren Miller Entertainment declared the accident to be Prickett’s fault and directed the rest of their production crew to take their regularly scheduled flight home, literally abandoning Prickett in a hospital in Tahiti. Thus, plaintiff’s counsel asserted that Bonnier Corp. and Warren Miller Entertainment were grossly negligent and created a peculiar risk on ground that they and their contractor, Top Dive, ignored industry-wide-underwater-video safety standards. Counsel also asserted that Bonnier Corp. and Warren Miller Entertainment failed to exercise even the slightest care, in that they failed to budget the production properly, failed to hold any pre-production safety meetings, failed to prepare a written dive plan or adopt an emergency action plan, failed to provide designated safety divers, and failed to scout out the dive site. Plaintiff’s counsel further asserted that Bonnier Corp. and Warren Miller Entertainment were negligent for appointing a producer who had no dive or underwater-video experience, for allowing the safety divers to double as on-screen talent, and for taking their production crew, and the novice Falk, diving at Tiputa Pass on an ebb tide. In addition, plaintiff’s counsel asserted that Bare Sport Canada violated the rescue doctrine on the ground that it placed Prickett in peril when it permitted a novice like Falk to dive at a place like Tiputa Pass. Instead of asking the court to dismiss the suit on classic forum non conveniens grounds, Bonnier Corp. tried to enforce a forum-selection clause, which the California court rejected on a number of grounds. Bonnier Corp. and Warren Miller Entertainment contended that they hired Prickett, an independent contractor, as an expert based on his representations that he was a master diver and world-renowned underwater cinematographer and that, therefore, they were counting on Prickett to lead the production team and conduct the dive safely. The defendants also insisted that the accident was entirely Prickett’s fault, in that Prickett permitted himself and his dive buddy, Falk, to become separated from the group and that Prickett failed to monitor his depth. The further insisted that Prickett should have aborted the dive when he discovered that the others had swum away from the boat and that Prickett and Falk suffered decompression sickness because they dove too deep and for too long. Defense counsel contended that Prickett never asked the defendants to provide safety divers and that the custom and practice in the industry did not require such safety divers. Counsel contended that, instead, Prickett recommended that Bonnier Corp. and Warren Miller Entertainment hire his nephew, who had little diving experience, to act as a second underwater videographer, which the defendants did. Counsel further contended that the defendants engaged Top Dive Rangiroa, one of the top dive companies in Tahiti, to act as the dive guides and models and that the defendants relied on Top Dive’s expertise. Defense counsel further asserted that the incident resulted from a series of poor decisions by Prickett and his misrepresentation about his experience. Counsel contended that when Falk developed problems with his mask, either Falk or Prickett should have signaled to the dive guides so that they could have addressed the issue, instead swimming back up to the boat. Defense counsel maintained that when Prickett and Falk descended again, Prickett initially saw the rest of the group, but that he noticed his camera was out of focus and attempted to fix it. Counsel contended that as a result, Prickett lost sight of the group shortly thereafter and attempted to follow their bubble trail, but could not locate them. Defense counsel contended that rather than returning to the boat when they could not find the rest of the group, including the models he was to be filming, Prickett continued to film the marine life, while he and Falk dove deeper. Counsel asserted that on at least four occasions, Falk, concerned about the depth of the dive, showed Prickett his dive computer and their depth and that on three separate occasions, Prickett assured Falk that everything was fine. Counsel also asserted that Prickett ignored the alarm on his dive computer and that only after Falk showed Prickett his dive computer for the fourth time, did Prickett realize that something was amiss. Defense counsel contended that as a result, Prickett noted the depth, grabbed Falk’s arm, and began their ascent. In addition, defense counsel asserted that Prickett lost consciousness shortly after returning to the boat with Falk, and after the dive masters repositioned the boat and began preparing to return Pricket and Falk into the water in order to perform decompression dives. Thus, defense counsel asserted that there was no evidence that the ebb tide played any role in causing the incident., Prickett sustained catastrophic, Type III, spinal cord decompression with an air embolism and passed out. Due to the delay in treatment, permanent, bubble-related lesions had formed in his lumbar spine, leaving him a semi-paraplegic. While being treated in Tahiti, his doctors informed him that he would probably lose the use of his legs. However, Prickett has spastic control of his legs, but he cannot walk without crutches or a walker. He was also left with a neurogenic bowel and bladder, and underwent catheterization. Prickett now suffers osteoporosis and frequent urinary tract infections. As a result, he is looking at UTI surgery in the future. In addition, his life care plan was estimated at $1.3 million, as his residence and vehicle will both have to be remodeled due to his new challenges. Thus, Prickett sought recovery of over $450,000 in past medical expenses, $2.3 million in future medical expenses, and $1.3 million in lifetime earnings losses. Prickett’s wife, plaintiff Marya Takamori-Prickett, sought recovery for her loss of consortium. Prickett and Takamori-Prickett have a 15-year-old daughter, Mira Chloe Prickett, who filed her own, separate claim for seeking recovery for the loss of her father’s society, but her claim is currently pending.