Supreme Court won't hear suit by injured Jacksonville diver

WASHINGTON (AP) -- The Supreme Court refuses to consider whether the U-S Coast Guard can be sued for providing questionable emergency care to an injured Florida diver who later became paralyzed.

Federal law does not require the Coast Guard to rescue scuba divers, since they voluntarily accept the risks of deep-water diving. At issue is whether the Coast Guard can be held liable for administering inadequate aid once it agrees to provide a rescue.

The case involves Brandon Drew Lewis, who was diving off the coast of Jacksonville in February 2000 when he became unconscious due to the bends. Family members on Lewis' boat immediately notified the Coast Guard, which said it would help.

Once the Coast Guard arrived, however, it transported Lewis on its slower vessel to shore for medical help without providing any oxygen or other emergency care.

The lawsuit by his family contends Lewis could have avoided injury if the Coast Guard had either provided oxygen as is standard procedure or refused to administer aid. Since Lewis' boat was speedier, family members could have transported him to shore quicker, they say.

The Coast Guard counters that under federal law, it has broad discretion to decide whether and how it provides emergency help to ailing divers.

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