Mother sues Nova Scotia Power over son's diving death
CBC News | Posted: April 20, 2018 10:58 PM | Last Updated: April 20, 2018
Lawyer alleges 'hazards that could be either prevented or warned about'
Luke Seabrook died asking for help.
It's a call his mother can't ignore even though her son has been dead for nearly three years.
Angela Seabrook has launched a lawsuit against Nova Scotia Power, claiming damages under the provincial Fatal Injuries Act. She also hopes her suit will force the utility to change some of its safety practices.
Luke Seabrook, a commercial diver from Dartmouth N.S., was inspecting the utility's dam at the Annapolis Valley Tidal Station on July 15, 2015. An undersea gate was partly ajar and powerful water pressure sucked Seabrook, 39, into the opening. He died at the scene.
Lawyer Alison Henderson at Patterson Law filed the suit on behalf of Seabrook's mother, who lives in Wasaga Beach, Ont.
"[She] lost the benefit of having him as a part of her life as she aged and the relationship that she would have had with him," Henderson, who practices in Truro N.S., told CBC on Friday.
According to the statement of claim filed in Nova Scotia Supreme Court, Seabrook asked to be pulled out of the water just before he died. It was the last thing he ever said, as the dive team was unable to haul him out. The lawsuit says Seabrook was a victim of a 'Delta P' underwater suction effect, which experts say is a common cause of worksite diving fatalities.
The plaintiff's lawyer said Nova Scotia Power should have known the underwater gate was hazardous and should have warned Seabrook's contracted employer, Paul's Diving Services Inc., of any potential dangers. Damages can be awarded under provincial law but Henderson said it's not about the money.
"If there are hazards that could be either prevented or warned about, that's kind of where this comes down to."
The lawyer claims Nova Scotia Power failed Seabrook in numerous areas including inadequate care for, and maintenance of, the worksite as well as an alleged failure to warn Seabrook that the underwater gates might not fully close. None of the allegations has been proven in court.
Nova Scotia Power remained tight-lipped about the lawsuit on Friday.
"Luke Seabrook's death was a tragedy," utility spokesperson Tiffany Chase wrote in an email, adding: "the safety of our employees, contractors and the public is our top priority. Given this is now before the courts, we will not be able to comment any further."
Lawsuits under the Fatal Injuries Act must generally be filed one year after the incident. Seabrook died nearly three years ago, but Henderson said the deadline could be flexible.
"Arguably, the timeline starts from when the claimant became aware that the death was a wrongful one," she said, referring to documents she received in the case earlier this year.
Luke Seabrook's employer, Paul's Diving Services of Hammonds Plains N.S., pleaded guilty last September to two occupational health and safety violations in Seabrook's death.
The company was also ordered to pay $34,000 in fines and hold 15 safety presentations.
The lawyer for Seabrook's mother said she has a good case against Nova Scotia Power and she believes in what Angela Seabrook is trying to do.
"What she wants to do, is know that she's tried everything on behalf of her son."